Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW AND PARLTAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated the 2nd January, 1981 No. 21/LD/81. The following Ordinance made by the President on the 2nd day of January, 1981, is hereby published for general information:- (ORDINANCE I OF 1981) AN ORDINANCE further to amend the Azad Kashmir Courts and Law Code, 1949. WHEREAS it is expedient to amend the Azad Kashmir Courts and Law Code, 1949, for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement. - (1) This Ordinance may be called the Azad Kashmir Courts and Law Code (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 5, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Kashmir Courts and Laws Code, 1949, hereinafter referred as the said Code, in Section 5, in sub-section (1):- (a) for the word ‘two or three other’ the words ‘three or more’ shall be substituted; and (b) after sub-section (1) the following new sub-section (1-A) shall be inserted and shall be deemed always to have been so inserted, namely:- “(1-A) At any time when:- (a) the office of the Chief Justice of the High Court is vacant; or (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause;
1 Volume VII (1981 to 1984) the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice.” (3) Insertion of Section 26-A, Azad Kashmir Courts and Laws Codes, 1949.- In the said Code, after Section 26, the following new section shall be inserted, namely as:- “26-A General provisions relating to the Judicature.- A person who has been office as a permanent Judge:- (a) of the Azad Jammu and Kashmir Judicial Board or Supreme Court of Azad Jammu and Kashmir, shall not plead or act in any court or before any authority in Azad Jammu and Kashmir; and (b) of the High Court, shall not plead or act in any Court or before any authority within its jurisdiction.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
2 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW AND PARLTAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated the 3rd January, 1981 No.8/LD/81. The following Ordinance made by the President on the 3rd day of January, 1981, is hereby published for general information:- (ORDINANCE II OF 1981) AN ORDINANCE to provide for law relating to the Acquisition of Land for Housing and Development Schemes in Azad Jammu and Kashmir and for matters ancillary thereto WHEREAS it is expedient to provide for law relating to Acquisition of Land for Housing and Development Schemes, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1981. (2) It shall extend to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definition.- (1) In this Ordinance unless there is anything repugnant in the subject or context:- (a) 'Collector' means the Collector of a District and includes any Officer specially empowered by the Government to perform the functions of a Collector under this Ordinance; (b) 'Development Scheme' means any public welfare Scheme including Water Supply, Roads, public, buildings, Electric installation and land used for Industrial purposes or any other similar purpose specified by the official Development Agency.
3 Volume VII (1981 to 1984) (c) ‘Commissioner’ means the Chief Officer Incharge of Revenue and General Administration of Azad Jammu and Kashmir; (d) ‘Deputy Commissioner’ means the Chief Officer incharge of the General Administration of a District; (e) ‘Government’ means the Azad Government of the State of Jammu and Kashmir. (f) ‘Official Development Agency” means any nation building Department and includes: (i) Autonomous and Semi-autonomous bodies established as such under any law for the time being inforce. (ii) Any Organization or Organizations that the Government may declare to be official Development Agency: (g) ‘Housing Scheme” means a scheme which provides for residential sites, houses or apartments including ancillary land uses such as- (i) building and other facilities for health, education, culture, transportation, communication and shopping; (ii) environmental improvements; and (iii) utility services, that is to say water supply, drainage, sewerage, sanitation, electricity and fuel. (h) ‘Prescribed’ means prescribed by the rules. (2) Save as otherwise provided in this Ordinance or where context otherwise requires all terms and expressions used but not defined in this Ordinance shall bear the same meanings as they bear in Land Acquisition Act 1894 (Act I of 1894). 3. Liability to acquisition.- Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 or any other law for the time being in force, all land within Azad Jammu and Kashmir shall be liable to acquisition at any time under this Ordinance for Development and Housing Schemes approved by Government or Official Development Agency. 4. Publication of Notification and Land to be marked out and measured.- When any land is proposed to be acquired under this Ordinance, the Collector shall cause a notice to be published in the official Gazette with details of the property and thereafter 4 Volume VII (1981 to 1984) shall cause the land (unless it has already been marked out) to be marked out and measured and if no plan has been made thereof a plan shall be made of the same. 5. Notice to persons interested.- (1) The Collector then cause public notice to be given at convenient places on or near the land to be acquired stating that the Government intends to acquire and take possession of the land, and that claims to compensation for all interests in such land etc. may be made to him. He shall also inform all the owners and the claimants of interests in such land by giving them a special notice of 10 days in accordance with rules. (2) Such notice shall state the particular of land so needed and shall require all persons interested in the land to appear personally or by agent before the Collector at a date, time and place therein mentioned (such period not being earlier then 10 days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interest, and their objections, if any, ,to the measurements made under Section 4 and t he Collector may require any such statement to be made in writing and signed by the party or his agent. 6. Inquiry and award by Collector.- On the day so fixed, or any other subsequent days to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, whether interested persons or claimants are present or not after service of the notice and shall determine. (i) The correct area of the land; (ii) Compensation which in his opinion, having regard to the provisions of this Ordinance, is reasonable; and (iii) Apportionment of such compensation among all the claimants or person known or believed to be interested in the land whether or not they have appeared before him. 7. Matters to be considered in determining compensations.- (1) In determining the amount of compensation to be awarded for land acquired under this Ordinance, the Collector shall take into consideration. (i) market value of the land to be determined on the basis of two years average sale price of land similarly situated and put to similar use preceding the date of notification under Section 4;
5 Volume VII (1981 to 1984) Provided that the maximum rate of compensation so determined in the notified Master Plan Areas for housing schemes by the Collector shall not exceed rupees twenty thousand per kanal in the district headquarters fo Muzaffarabad, Rawlakote, Mirpur and Kotli, rupees ten thousands per kanal in Tehsil headquarters and five thousands per kanal in other areas. (ii) The damage if any, sustained by the person interested at the time of taking possession of tehe land by reason of severing such land from the other land; (iii) The damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner or his earnings; and (iv) If, in consequence of the acquisitions of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; (v) The damage sustained by the person interested by the reason of dispossession of any standing crops or trees or building or other structure or installations which may be existing on the land. (2) In addition to the market value of the land as above provided, the Collector shall in every case award a sum of fifteen per centum on such market value, in consideration of compulsory nature of acquisition. 8. Payment of compensations.- The payment of compensation shall be in cash or cheque, and shall be made in the prescribed manner. 9. Power to take possession.- When the Collector has made an award the Government or the official Development Agency shall take possession of the land. In the Official Development Agency’ Provided that possession shall not be taken of any land under this Section without giving to the occupier thereof at least 24 hours notice, to enable such a occupier to remove his movable property without unnecessary inconvenience. 10. Acquisition in case of urgency.- In case of urgency, the Deputy Commissioner, may, immediately after the publication of notice published under Section 5(1), authorized the Collector through a
6 Volume VII (1981 to 1984) notification published in the Official Gazette to enter upon and take possession of land which shall there upon vest abolish in Government of the Official Development Agency, as the case may be from all encumbrances: 11. Appeal and Review.- (1) The person entitled to compensation under the Act and Government or the Official Development Agency as the case may be, in accept the award and intimate their acceptance in writing to the Collector with fifteen days of making the award. (2) The Government, or the Official Development Agency, or any person gaves by an award the Collector may, within one month of such an award an appeal to the Commissioner. Where the affected party had no intimation the award, the appeal may be filled within six weeks of the award. The commissioner may, after giving, the Government or, as the case may be, the Official Development Agency and the person effected by award or their agents, an opportunity of being heard, make such order as he may deem fit. 12. Powers of the Collector.- When the acquiring any land or determining compensation therefore or carrying out any other purpose of this Ordinance, the collector may; (a) require any person by order in writing to furnish such information in a possession pertaining to any land as may be specified in the order; and (b) enter or authorize any person to enter upon land and take such action as may be necessary. 13. Collector and Commissioner to have power of Civil Courts etc.- The Collector making an enquiry or conducting any proceedings under this Ordinance or Commissioner exercising the powers of appeal or deciding Review petition under this Ordinance shall have the same powers in respect of the following matter as re-vested in a Civil Court, when trying as suit, under the Code of Civil Procedure, 1908 (Act V of 1908) namely:- (a) Summoning and enforcing attendance of any person, examining him on or affirmation. (b) Requiring the discovery and production of any document; (c) Requisitioning any record from any Court or Office; (d) Issuing commissions for examination of witness, inspection of property or making local investigations; (e) Appointing guardians ad-litem or next friends. 7 Volume VII (1981 to 1984) (f) Adding or substituting representatives of deceased parties to proceedings; (g) Adding or dropping parties from pending proceedings; and (h) Any other matter connected with the holding of an enquiry or hearing of appeal. 14. Powers of Government to give directions to the Deputy Commissioner.- The Government may give direction to the Deputy Commissioner with respect to the exercise of his powers and the discharge of functions under this Ordinance and the Deputy Commissioner shall be guided, by and act in accordance with such directions. 15. Powers to withdraw from acquisition proceedings.- The Deputy Commissioner with the approval of the Government can leave out from acquisition proceedings any land, notified under this Ordinance, of which possession has not been taken. 16. Abatement of suits and other proceedings.- (1) All references, suits, appeals and applications regarding any matter now within the jurisdiction of the Commissioner under the provisions of the Ordinance No. CXIII of 1979 pending in any court under any law on the subject, immediately before the commencement of this Ordinance, shall abate forthwith except the Supreme Court of Azad Jammu and Kashmir: (2) Subject to the provisions of Section 11 any proceedings in a reference or appeal pending immediately before coming into force of this Ordinance shall be completed by the Commissioner in accordance with the provisions of the Ordinance. (3) Any notifications issued under any law on the subject, so far as they are not in consistent with the provisions of this Ordinance, shall be deemed to have been issued under the provisions of the said Ordinance 17. Bar of Jurisdiction.- Any notification issued, directions given and decision made or orders passed by the Government or by any competent authority under this Ordinance shall not be questionable in any Court of Law. 18. Delegation of powers.- The Government may, be notification in the official Gazette, delegate all or any of its powers conferred upon it or any officer under this Ordinance to any other officer sub-ordinanate to it. 19. Power to make rules.- The Government may make rules to give effect to the provisions of this Ordinance.
8 Volume VII (1981 to 1984) 20. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notification issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1979 (Ordinance CXIII of 1979) or its succeeding Ordinance issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu & Kashmir, ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
9 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 9th January, 1981. No. 164/LD/81. The following Ordinance made by the President on the 9th day of January, 1981, is hereby published for general information:- (ORDINANCE V OF 1981) AN ORDINANCE to provide for the formation and regulation of political parties WHEREAS it is expedient to provide for the formation and regulation of political parties, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action: NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Political Parties Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2 Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) 'Constitution' means the Azad Jammu and Kashmir Interim Constitution Act, 1974; (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; and (c) Political party includes a group or combination of persons which are operating for the purpose of propagating any political opinion or indulging in any other political activity. 3 Formation of certain political party prohibition.- (1) No political party shall be formed with the object of propagating any
10 Volume VII (1981 to 1984) opinion or acting in any manner prejudicial to the Islamic Ideology or the sovereignty, and integrity of Pakistan or Security of Azad Jammu and Kashmir or Pakistan or morality, or the maintenance of public order. (2) No person shall form, organise, set up or convene a foreign aided party or in any way be associated with any such party. Explanation.- In sub-section (2) 'Foreign aided party' means a political party which: (a) has been formed or organized at the instance of any Government or political party of a foreign country; or (b) is affiliated to or associated with any Government or political party of a foreign country; or (c) receives any aid, financial or otherwise, from any Government or political party of a foreign country, or any portion of its funds from foreign nationals. 4. Political Parties to submit accounts, etc.- Every Political party shall, in such manner and from and at such time as may be provided by rules made by the Government, account for the source of its funds and submit its finances and accounts to audit by, an officer or authority authorised by the Chief Election Commissioner in this behalf; Provided that every political party in existence at the time of commencement of this Ordinance, shall account for the source of its funds, and submit its finances and accounts to audit, within fifteen days of the publication of the rules made under this Ordinance. Explanation.- In this Section and in Section 5 'Chief Election Commissioner' means the Chief Election Commissioner appointed under Section 50 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. 5. Registration of political parties.- (1) Every political party in existence at the commencement of this Ordinance shall, within one month of such commencement and every political party formed after such commencement shall, within one month of its being formed, apply to the Chief Election Commissioner for registration.
11 Volume VII (1981 to 1984) (2) An application under sub-section (1) shall be made on behalf of a political party by such person and in such form, and shall be accompanied by such documents besides a copy of its constitution, a list of the names of all its office-bearers at the national level and a statement of its total membership in each district, as the Chief Election Commissioner may, by notification in the official Gazette, specify. (3) The Chief Election Commissioner shall register a political party applying for registration in accordance with sub- section (2) if he is satisfied that the political party: (a) has published a formal manifesto, that is to say, the party's foundation document or constitution giving its aims and objects and provided therein for election of its office- bearers being held periodically; or (b) has undertaken to publish any amendment to any document referred to in clause (a) as and when such amendment is made; and (c) has belief in the Ideology of Pakistan on the Ideology of the State’s accession to Pakistan and the integrity and sovereignty of Pakistan; and (d) has submitted its accounts as required by Section 4. (4) If a political party which has been registered under sub- section (3):-- (a) fails, or has failed to submit its accounts within the period specified in Section 4 or the rules made thereunder; (b) fails to hold election of any office-bearer within the time allowed by, and in accordance with, its constitution and rules; (c) propagates any opinion, or acts in any manner prejudicial to the Ideology of Pakistan or the Ideology of the State's accession to Pakistan, or the sovereignty and integrity of Pakistan or security of Azad Jammu and Kashmir or Pakistan, or morality or the maintenance of public order, or the integrity or independence of the judiciary of Azad Jammu and Kashmir or Pakistan, or defame or brings it to ridicule the judiciary of Azad Jammu and Kashmir or Pakistan or the Armed Forces of Pakistan;
12 Volume VII (1981 to 1984) (d) receives any aid, financial or otherwise, from the Government or any political party of a foreign country, or any portion of its funds from foreign nationals; or (e) does or omits to do any such act or things as would have resulted in registration being refused to it in the first instance, than, without prejudice to any action that may be taken in respect of the political party under Section 8, the Chief Election Commissioner may after giving the political party an opportunity of showing cause against the action proposed to be taken, cancel its registration. (5) The cancellation of the registration of a political party under sub-section (4) shall be notified by the Chief Election Commissioner in the Official Gazette. (6) A political party which has not been registered under sub-section (3) or the registration of which has been cancelled under sub-section (4), shall not be eligible to participate in an election to a seat in the Legislative Assembly of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Council or to nominate or put up a candidate at any such election. 6 Certain political parties to be eligible to participate in forthcoming elections.- (1) The provisions of this Section shall have effect notwithstanding anything contained in Section 5. (2) The Election Commissioner hereinafter referred as Commissioner shall, by notification in the Official Gazette, call upon the political parties which had complied with the provisions of Section 4 but had not applied for registration under Section 5 to furnish to the commissioner within such times as may be specified in the notification answers to a questionnaire published there with. (3) Answer to a questionnaire referred to in sub-section (2) shall be furnished on behalf of a political party by such person, and shall be accompanied by such documents besides a copy of its constitution and manifesto, a list of the names of its office bearers at the national level and a statement of its total membership in each District as may be specified in the notification published under the said sub-section. (4) If after giving a political party which has furnished answers to the questionnaire as required by sub-section (2) an opportunity of being heard the Commissioner is satisfied that the party has fulfilled the requirements of sub-section (3) of Section 5 the Commissioner shall declare the political party by notification in the Official Gazette to be eligible to participate in 13 Volume VII (1981 to 1984) an election to a seat in a Legislative Assembly and to nominate or put up a candidate at any such election. 7. Lawful political activities.- Subject to the provisions of Section 3, it shall be lawful:-- (1) for any body or individuals or an association of persons to form, organize or set up a political party; or (2) for any person, except a person, (i) who is in the service of Azad Jammu and Kashmir or Pakistan; or (ii) who has been in the service of Azad Jammu and Kashmir or Pakistan; or a person who has held office as a Judge of the Supreme Court or of the High Court unless a period of two years has elapsed since he ceased to be in such service or office; or (iii) who has been convicted under any law for the time being inforce by any Court or any other Authority having such jurisdiction against which no appeal is provided, unless a period of seven years has elapsed from the date of such conviction,- (a) to be a member of office bearer of or be otherwise associated with, a Political party; or (b) for the purpose of an election to be held under the constitution, to hold himself out or any other person, not being a person in the service of Azad Jammu and Kashmir or Pakistan, as a member or to have the support of a political party, the formation, organization or setting up of which is not prohibited by this ordinance. 8. Dissolution of political parties.- (1) Where the Government is satisfied that a political party is a foreign aided party or has been formed or is operating in a manner prejudicial to the Islamic Ideology or the sovereignty, and integrity of Pakistan or security of Azad Jammu and Kashmir or Pakistan, or morality, or main- tenance of public order or has contravened the provisions of Section 4, it shall make such a declaration and publish the same in the official Gazette, and upon such publication, the political 14 Volume VII (1981 to 1984) party concerned shall, subject to the provisions of sub-section (2) stand dissolved, and its all properties and funds shall be forfeited to the Government. (2) Within fifteen days of the making of a declaration under sub-section (1) the Government shall refer the matter to the Supreme Court whose decision on such reference shall be final. 9. Penalty.- (1) Any person who, after the dissolution of a political party under Section 7, holds himself out as a member or office bearer of that party, or acts for, or otherwise associates himself with, that party shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (2) If any person who was an office-bearer of a political party at the time of its dissolution under sub-section (2) of Section 7 indulges or takes part in any political activity within seven years of its dissolution, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (3) Any person who contravenes the provision of Section 7, shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both. 10. Certain disqualifications for being a member of Assembly or of the Council.- (1) A person who has: (a) at any time on or after the 16th day of April, 1975, been an office-bearer of a political party dissolved under sub- section (2) of Section 7 and has not before a declaration in respect of such party is made under sub-section (1) of that section, resigned from of publicly announced his disassociation with such party; or (b) been convicted under Section 9; shall be disqualified from being a member of Assembly or the Council or a local body and from being elected or chosen as such a member for a period of five years from the date of such dissolution or conviction, as the case may be. Explanation.- In this section 'office-bearer of a political party' means an office bearer at the national or district set up of that party otherwise than as a mere member of the working, central, district or other committee of the party.
15 Volume VII (1981 to 1984) (2) A person who has at any time on or after the 11th day of August, 1977 been a member of a political party dissolved under sub-section (2) of Section 8 and convicted for an offence committed before such dissolution and punishable with imprisonment for a term which is not less than two years shall be disqualified from being a member of Assembly or the Council or a local body and from being elected or chosen as such a member for a period of seven years from the date of such dissolution. 11. Sanction for prosecution.- No prosecution under this Ordinance shall be instituted against any person without the previous sanction in writing of the Government. 12. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Political Parties Ordinance, 1979 (Ordinance CXX of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. Mohammad Hayat Khan) President Azad Jammu & Kashmir, ------Sd/- (Syed Mohammad Akram Shah) Deputy Secretary Law.
16 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 11th January, 1981. No. 188/LD/81. The following Ordinance made by the President on the 9th day of January, 1981, is hereby published for general information:- (ORDINANCE VI OF 1981) AN ORDINANCE to amend the Zakat and Ushr Ordinance, 1980 WHEREAS it is expedient to amend the Zakat and Ushr Ordinance, 1980 (CLXXXVII of 1980), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that the circum- stances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Ushr (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 1, Ordinance CLXXXVII of 1980.- In the Zakat and Ushr Ordinance, 1980 (CLXXXVII of 1980), hereinafter referred to as the said Ordinance, in Section 1; (a) in sub-section (2), after the work "but", the words "as regards payment and recovery of Zakat and Ushr", shall be inserted; (b) in sub-section (3), for the full-stop after the word "person” a colon shall be substituted and thereafter the following provisos shall be added, namely:- "Provided that no Zakat or Ushr shall be charged or collected on compulsory basis in respect of the assets or the product of a person who, within the period of three months preceding the Valuation Date, files with the Deducting Agency or with the Local Committee in the case of Ushr, a declaration in the prescribed form sworn by him before a Magistrate, an Oath Commissioner, a Notary Public or any other person authorised to
17 Volume VII (1981 to 1984) administer oath, in the presence of two witnesses who identify him, to the effect that he is a Muslim and a follower of one of the recognized fiqhs, which he shall specify in the declaration, and that his faith and the said fiqh do not oblige him to pay the whole or any part of Zakat or Ushr in the manner laid down in the Ordinance: Provided further that, where for any reason Zakat or Ushr is collected on compulsory basis from such a person and he does not wish to leave it in the Zakat Fund as Sadaqah or Khairat in the name of Allah as a manifestation of the unity of the Ummah and claims refund, on the basis of a declaration as aforesaid filed by him within the period specified in the first proviso or within such further period as may be prescribed, the amount so collected shall be refunded to him in the prescribed manner", and (c) after sub-section (3), amended as aforesaid, the following new sub-section shall be inserted, namely:- "(3-A) The Azad Jammu and Kashmir Shariat Court may, on the application of any person, decide the question whether a declaration such as is referred to in the first or second proviso to sub-section (3) made by any person is valid according to the fiqh he professes to follow; and, if the Azad Jammu and Kashmir Shariat Court decides that the declaration is not valid, such person shall, without prejudice to any other action that may be taken against him under any other law, be liable to pay Zakat or Ushr, as the case may be, in the manner laid down in this Ordinance." 3. Amendment of Section 2, Ordinance CLXXXVII of 1980.- In the said Ordinance, in Section 2; (a) after clause (xviii), the following new clause shall be inserted, namely:- "(XVIII-A) 'Nisab’ in relation to assets liable to Zakat, except agricultural produce and animals fed free in pastures, means 612.32 grams of silver, or cash or gold, or goods for trade, or any assets liable to Zakat under Shariah, the aggregate value of which is equal to the value of 612.32 grams of silver, as notified by the Chief Administrator for each Zakat year or, in the case of a person whose assets liable to Zakat Consist only of gold, 87.48 grams of gold"
18 Volume VII (1981 to 1984) (b) for clause (XXV) the following shall be substituted, namely:- "(XXV) "Sahib-e-nisab" means a person who owns or possesses assets not less than nisab, but does not include:- (a) the Government, the Azad Jammu and Kashmir Council or a Local authority; (b) a statutory corporation, a company or other enterprise owned wholly, directly or indirectly, by the government, the Azad Jammu and Kashmir Council, a local authority or a corporation owned by the Government or the Azad Jammu and Kahsmir Council, either singly or jointly with one or more of the other three; (c) a subsidiary of a statutory corporation, a company or other enterprise referred to in sub-clause (b) and wholly owned by it; (d) the National Investment (Unit) Trust; (e) and ICP mutual Fund; (f) a recognised provident Fund; (g) any unit Fund maintained by the Defence Services, including the civil Armed Forces; (h) a Zakat Fund; (i) an institution, fund, trust, endowment or society:-- (a) registered as a charitable organization under the Societies Registration Act, 1860 (XXI of 1860), or as a company under Section 26 of Companies Act, 1913 (VII of 1913), or registered or approved as a charitable or social welfare organisation under any other law for the time being in force; and (b) approved by the Azad Jammu and Kashmir Central Board of Revenue for the purposes of Section 47 of the Income Tax Ordinance, 1979 (XXXI of 1979), as adapted in Azad Kashmir; (j) a deeni madrasah registered as such by the Auqaf Department; (k) a mosque; 19 Volume VII (1981 to 1984) (l) an orphanage registered as such under the law relating to orphanages; (m) a workers participation fund established under the Companies Profits (Workers Participation) Act, 1968 (XII of 1968); or (n) amount of a party to a suit or case kept with or under the orders of a Court pending decision of the suit or case; and (o) for clause (xxviii) the following shall be substituted, namely:- "(xxviii) 'Valuation Date' means:- (a) in respect of assets liable to Zakat, the first day of the Zakat year; and (b) in respect of produce liable to Ushr, such date or dates as may be prescribed or as may be notified by the Chief Administrator; for the valuation of the assets or the produce for the purposes of this Ordinance;". 4. Amendment of Section 3, Ordinance CLXXXVII of 1980.- In the said Ordinance, in Section 3;-- (a) in sub-section (1), (i) for the brackets and words "(other than a person excluded from the definition of 'Sahib-i-nisab) who owns or possesses such assets on the "Valuation Date" the words and commas "who is on the Valuation Date, and has for the preceding Zakat year been, sahib-e-nisab" shall be substituted; and (ii) for the full stop at the end a colon shall be substituted and thereafter the following provisos shall be added, namely:- "Provided further that, if an asset was owned or possessed by a person on the Valuation date but is owned or possessed by some other person on the Deduction Date, the Zakat on such asset shall be charged and collected from such other person on behalf of the person owning or possessing it on the Valuation Date: Provided further that, if a person proves in the prescribed manner to the satisfaction of the Local Committee of the locality where he ordinarily resides
20 Volume VII (1981 to 1984) that he was not a sahib-e-nisab on the Valuation Date or was not in ownership or possession of assets of the value of nisab for the whole of the preceding Zakat year, Zakat shall not be so charged and collected from him, or if collected shall be refunded to him in the prescribed manner: Provided further that no Zakat shall be charged and collected from the assets of a person who died on or before the Deduction Date;" (b) In sub-section (2), in clause (c), the words, brackets and letter "in clause (a)" shall be omitted; (c) for sub-section (3) the following shall be substituted, namely:- "(3) Where a person from whom Zakat has been deducted at source:- (a) proves that:- (i) he is not a Muslim, or (ii) he is not a State Subject of Azad Jammu and Kashmir, or (iii) that amount deducted from him is more that what is due under this Ordinance, either on account of an error apparent from the record, or on account of reduction provided for in sub-section (2) not having been duly allowed to him, or (iv) he falls under any of the exclusion given in sub-clauses (a) to (n) of clause (XXV) of Section 2, or (b) proves, as laid down in the third proviso to sub- section (1) that he is not a sahib-e-nisab or was not in ownership or possession of nisab for the whole of the preceding Zakat year, or (c) files a declaration such as is referred to in the second proviso to sub-section (3) of Section 1, which has not been challenged in the Azad Jammu and Kashmir Shariat Court under sub-section (3-A) of that Section, and claims refund, the amount so deducted or, as the case may be, the amount so deducted in excess shall be refunded to him in the prescribed manner", and
21 Volume VII (1981 to 1984) (d) for sub-section (6) the following shall be substituted, namely:- "(6) Any amount deducted at source by the Deducting Agency from any person shall be treated as payment of Zakat on behalf of such person or, in the case of a person referred to in sub-section (3) of Section (1), as contribution to Zakat fund or sadaqah or Khairat in the name of Allah, as the case may be, on the part of that person." 5. Amendment of Section 6, Ordinance CLXXXVII of 1980.- In the said Ordinance, in Section 6, in sub- section (4), (a) after the words and comma "the Local Committee shall”, the words and commas "subject to such guidelines and instructions as may be given by the council or, if so authorized by the council, by the District Committee, shall be inserted; (b) after the words, brackets, figure and comma "in sub- section (2), make", the commas and words, in the prescribed form and manner," shall be inserted; and (c) the words "in the prescribed form and manner" at the end shall be omitted. 6. In Amendment of Section 8, Ordinance CLXXXVII of 1980.- In the said Ordinance, in Section 8: (a) in clause (a) (i) the words" assistance to", occurring for the second time, shall be omitted; and (ii) in the first proviso for the words "such individuals and institutions as are to be assisted directly or indirectly" the words and commas "the individual to be assisted directly, and the institution through which assistance is to be given shall be inserted; and (b) in clause (b), in the first proviso, after the words "Chief Administrator", the commas and words, "and that on a District Committee and Markaz Committee”, shall be inserted. 7. Amendment of Section 9, Ordinance CLXXXVII of 1980.- In the said Ordinance, in Section 9, in sub-section (2), for the words "and the institutions" the words "directly or indirectly" shall be substituted.
22 Volume VII (1981 to 1984) 8. Insertion of new Section 16-A, Ordinance CLXXXVII of 1980.- In the said Ordinance, after Section 16, the following new section shall be inserted, namely:- "16-A. Members of Council and Committees to be Muslims.- All the members of the council or committee shall be Muslims and where the holder of an office cannot become a member by reason of his not being a Muslim, the President in the case of council and the council in the case of a Committee shall nominate a Muslim member in his place". 9. Insertion of new Section IS-A, Ordinance CLXXXvn of 1980.- In the said Ordinance, after Section 18, the following new Section shall be inserted namely:- "18-A. Vote of no confidence against the Chairman of a Markaz Committee or a local Committee or the member of a Local Committee,. (1) Where in case of a Markaz Committee, or of a local Committee, the District Committee after such enquiry as it may deem fit, is of the opinion that the members of that committee no longer have confidence in the Chairman, the District Committee may, in the prescribed manner, remove the Chairman from his office. (2) Where in the case of a member of a Local Committee, the District Committee, after such enquiry as it may be deem fit, is of the opinion that the adult Muslim residents of the locality no longer have confidence in the member, the District Committee may, in the prescribed manner, remove the member from his office. (3) The vacancy in the office of Chairman or member as so caused shall be notified by the District Committee and shall be filled in accordance with the provisions of this Ordinance." 10. Amendment of the First Schedule, Ordinance CLXXXVII of 1980.- In the said Ordinance, in the First Schedule; (a) the heading 'The Valuation Date' of column 3, the figure 3 of column 3 and all the entries in column 3 shall be omitted. (b) against S. No. I in the first column, in column 4, for the words, letters, figure and comma within the brackets the following shall be substituted:- "No deduction shall be made in case the amount standing to the credit of an account does not exceed the amount notified by the Chief Administrator";
23 Volume VII (1981 to 1984) (c) against S. No. 2 in the first column: (i) in column 2, the words and comma "and Fixed Deposit receipts with comma of majority of nine months or less," shall be omitted; (ii) in column 4, after the word "account", the commas and words", as the case may be," shall be inserted; and (iii) for the entry in column 5 the following shall be substituted, namely:- "The date on which the first return is paid or the date of encashment/withdrawal, whichever be earlier in the Zakat year." (d) against S. No. 3 in the first column, in column 2, the brackets, words and figure "(other than those mentioned in serial number 2)" shall be omitted; (e) against S. No. 4 in the first column: (i) in column 2, for the words "receivable or" the words receivable and" shall be substituted; and (ii) in column 4, for the words and comma "on the date of maturity or encashment withdrawal, as the case may be" the words and comma "as the case may be, as on the Valuation Date" shall be substituted; (f) against S. No. 5 in the first column: (i) in column 4, the word "applicable" shall be omitted; (ii) in column 5, for the word "surrender" the word "repurchase" shall be substituted; and (iii) in column 6, for the words "surrender/repurchase" the word "repurchase" shall be substituted; (g) against S. No. 8 in the first column, in column 2, for the words "statutory corporations or companies" the Words "companies or statutory corporations" shall be substituted, and for the words "statutory corporation or a company" the words "company or a statutory corporation" shall be substituted; (h) against S. No. 9 in the first column: (i) for the entry column in 4 the following shall be substituted, namely:
24 Volume VII (1981 to 1984) "2.5% of the aggregate amount of annuity benefit in each Zakat year or 2.5% of the surrender value on the Valuation Date, as the case may be,"; and (ii) in column 5, after the word "date of", the word "first" shall be inserted; (i) against S. No. 10 in the first column, for the entry in column 4 the following shall be substituted, namely:- "2.5% of the payable value on maturity or of surrender value, as on the Valuation Date in the Zakat year in which the policy matures or its survival benefit or surrender value is paid, as the case may be"; (j) against S. No. 11 in the first column, for the entries in column 4, 5 and 6 the following shall be substituted, namely: 4 5 6 "In case of non-refundable ad- The date of payment of The authority, vance 2.5% of the amount the advance or of the officer or insti- drawn or, in case of final balance. tution making settlement, 2.5% of the balance payment of the standing to the credit of the advance or of subscriber as on the Valuation the balance" Date, excluding in both cases the employer's contribution and the return accrued thereon. (k) after Note 1, the following new Note shall be inserted, namely: "1-A. No Zakat shall be charged on the amount paid as premium of a life insurance policy of a person from his Provident Fund and, where the proceeds of a life insurance policy of a person are credited to his Provident Fund during a Zakat year, no Zakat shall be charged on the amount received or drawn during that year as final settlement of his account in the Provident Fund on as non-refundable advance, to the Extent of the proceeds so credited."; (l) in Note 2, after tile words and full stop "not be charged," at the end, the following sentence shall be added, namely: "Where the entire amount of the return/balance/ installment of immunity benefit is to be appropriated towards Zakat, and the amount contains a fraction of a rupee, this fraction shall not be so appropriated.";
25 Volume VII (1981 to 1984) (m) in Note 3: (i) the words "Valuation Date and the Deduction Date for serial number 1 of this Schedule will be notified by the Chief Administrator simultaneously and the" shall be omitted; and (ii) after the words "Deduction Dates", occurring for the second time, the words and figure "for serial number 1" shall be inserted; and (n) after Note 3, amended as aforesaid, the following new Note shall be added, namely:- "4. In case the amount of the first return on any of the assets specified at S. Nos. 2, 3 and 5 to 8, or the first installment of the annuity benefit, is less than the Zakat due, the entire amount of such return or installment shall be appropriated towards Zakat and the unrealized balance shall be deducted from the subsequent returns or installments paid during the same Zakat year or, as the case may be, from the encashment or surrender value." 11. Amendment of the Second Schedule, Ordinance CLXXXVII of 1981.- In the said Ordinance, in the Second Schedule:- (a) the heading "The Valuation Date" of column 4, the figure 4 of column 4 and all the entries in column 4 shall be omitted; (b) against S. No. 1 in the first column, for the entry in column 2 the following shall be substituted, namely:- "Gold and silver and manufactures thereof."; (c) against S. No.4 in the first column, for the entry in column 2 the following shall be substituted, namely:- "Current Accounts and foreign currency accounts and, to the Extent not subject to compulsory levy of Zakat under the First Schedule, other accounts, certificates, receipts, Units of National Investment (Unit) Trust, ICP-Mutual Fund Certificates, Government securities, securities, life insurance policies and Provident Funds.", (d) against S. No. 7 in the first column, after the entries in columns 2 and 3, the following new entries shall be added, namely:- 1 2 3 (c) Precious metals and stones and 2.5% of the market manufactures thereof - value, as on the Valuation Date. 26 Volume VII (1981 to 1984) (d) Fish and other catch/produce of the 2.5 % of the value, as sea, except catches by indigenous on the Valuation Date. techniques. (e) S. No. 8 in the first column and all entries relating thereto shall be omitted; (f) against S. No. 9 in the first column, in Column 3, for entry (b) the following shall be substituted namely:- “(b) (i) 5% over and above the compulsory 5%, in the barani area, as on the Valuation Date; and (ii) one-fourth of the value of produce allowed as an allowance for expenses on production."; (g) against S. No. 10 in the first column, in column 3:- (i) against (c) (ii) for the existing entry the following shall be substituted, namely: "For owners of 5 to 24 heads; one sheep/goat for every five heads;" and (ii) in entry (c) (iii), for the figure "26" the figure "25" shall be substituted; and (h) S. No. 11 in the first column and all the entries relating thereto shall be omitted.
(Mohammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Mohammad Akram Shah) Deputy Secretary Law.
27 Volume VII (1981 to 1984) . XIV of 1981 . . . . . -: -" . -: 28 Volume VII (1981 to 1984) " " " " -: "" . -: . .
29 Volume VII (1981 to 1984)
. . . CXCII . .
30 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 21st January, 1981. No. 432/LD/81. The following Ordinance made by the President on the 21st day of January, 1981, is hereby published for general information: (ORDNANCE XV OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Public Service Commission Ordinance, 1980 WHEREAS it is expedient to amend the Azad Jammu and Kashmir Public Service Commission Ordinance, 1980 (Ordinance CLXlII of 1980), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Public Service Commission (Amendment) Ordinance, 1981. (2) It shall come into force at once and shall be deemed to have taken effect on and from the first day of September, 1980. 2. Amendment of Section 3, Ordinance CLXIII of 1980.- In the Azad Jammu and Kashmir Public Service Commission Ordinance, 1980 (Ordinance CLXIII of 1980), in sub-section (1):- (a) for clause (ii) the following shall be substituted:- “(ii) an honorary Member.” (b) after clause (iii) the following new clause (iv) shall be inserted:- “(iv) Director Amoor-i-Deenia, Member.”
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
31 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 27th January, 1981. No. 589/LD/81. The following Ordinance made by the President on the 27th day of January, 1981, is hereby published for general information:- (ORDINANCE XVI OF 1981) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974 WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1981. (2) It shall come into force once. 2. Amendment of Section 48, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), in Section 48, in sub-section (5), after the full stop, at the end, the following shall be added, namely:- "The Allotment Committee may delegate its powers to a Sub- Allotment Committee consisting of not less than three of its Members". (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
32 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 1st February, 1981. No. 744/SL/81. The following Ordinance made by the President on the 1st day of February, 1981, is hereby published for general information:- (ORDINANCE XVII OF 1981) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974 WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in Section 6, in sub-section (1), for the word 'three’ the word 'five' shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974.- In the said Ordinance, in Section 8, between the words 'person' and 'shall' the words and comma ‘other than a Government servant’, shall be inserted. 4. Amendment of Section 15, Ordinance IV of 1974.- In the said Ordinance, in Section 15, in sub-section (2) after clause (xi) the following shall be added:- "(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be
33 Volume VII (1981 to 1984) approved by the Government by a general or special order”. 5. Addition of Section 31-A, Ordinance IV of 1974.- In the said Ordinance, after Section 31, the following new Section 3l-A, shall be inserted, namely,- “31-A Notwithstanding anything contained in any other law for the time being in force, all property of the following nature situated within the 'Specified Areas', shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance: (i) All lands or other property already acquired for the construction of new Mirpur Town and Hamlets and other townships on the periphery of the Mangla Reservoir; (ii) All lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition, under Land Acquisition Act, 1894, by the Authority; (iii) All lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control and management or for any other purposes under the Ordinance.” 6. Substitution of Section 39, Ordinance IV of 1974.- In the said Ordinance, for Section 39, the following shall be substituted:- “39. (1) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf; (2) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease, sale, exchange or transfer of any piece of land within specified areas shall be sufficient proof of the said title and shall be ad- missible in evidence of that title in any Court proceedings; (3) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government. 7. Addition of a new Section 42-A, Ordinance IV of 1974.- In the said Ordinance after Section 42, a new Section 42-A, shall be inserted, namely:-
34 Volume VII (1981 to 1984) "42-A. Removal of encroachments, etc.- (1) The Deputy Commissioner or any other person' authorised by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as may be specified therein the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: Provided that the Authority may instead of re- quiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order: Provided further that the Authority may require an encroachment to be altered partially so far as is necessary to avoid contravention of a scheme approved by it." 8. Substitution of Section 48, Ordinance IV of 1974.- In the said Ordinance, for section 48, the following shall be substituted namely:- “48. Repealed Consequential provisions.- (1) The New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government are hereby repealed. All assets rights and all property, movable and immovable and all interests therein and all debts, liabilities and obligations of the Allotment Committee constituted under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the powers of Allotment Committee constituted under the said Act, in respect of the plots/property allotted/disposed of to different persons by the said
35 Volume VII (1981 to 1984) Allotment Committee, including the powers of cancellation in cases of infringement of any condition of allotment. (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974, shall stand dissolved and all its powers of allotment and cancellation/allotment shall be exercisable by the Authority. In future the Authority shall prescribe the procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such re- gulations, if any, made in this behalf. (4) The Authority may constitute an Allotment Committee consisting of such number of members as may be determined a consultation with and approval of the Government. (5) The Allotment Committee constituted under sub-section (4) shall have all the powers of allotment exercisable by the Authority under the provision of Ordinance or Rules or Regulations framed thereunder. The Allotment Committee may delegate its powers to sub-Allotment Committee, consisting of not less than three of its members. (6) (i) Whenever the Government is satisfied that a property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority in an illegal or improper manner, or to under serving person or any other irregularity or impropriety has been committed in respect of any matter relating to the allotment or disposal of property etc. then it may appoint revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of allotment, shall be forwarded by the Authority/Authorities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders in all cases."
36 Volume VII (1981 to 1984) 9. Insertion of Section 43-A, Ordinance IV of 1974.- In the said ordinance, after Section 48 the following new Section 48-A shall be deemed always to have been so inserted, namely: "48 A. - Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable." 10. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVlII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been Validly done, taken, issued, made, initiated or exercised under this Ordinance. 11. Repeal.- The Mirpur Development Authority (Amendment) Ordinance, 1981 (Ordinance XVI of 1981) is hereby repealed.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
37 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 1st February, 1981. No. 746/LD/81. The following Ordinance made by the President on the 1st day of February, 1981, is hereby published for general information: (ORDINANCE XIX OF 1981) AN ORDINANCE to provide for Azad Jammu and Kashmir Public Service Commission WHEREAS it is expedient to provide for Azad Jammu and Kashmir Public Service Commission and for matters ancillary thereto, in the manner hereinafter appearing; AND WHEREAS the President is satisfied the circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Public Service Commission Ordinance, 1981. (2) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) ‘Commission’ means the Azad Jammu and Kashmir Public Service Commission; (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (c) ‘Member’ means a member of the Commission and includes the Chairman thereof; (d) ‘President’ means the President of Azad Jammu and Kashmir; and (e) ‘Service of Azad Jammu and Kashmir’ means the service of Azad Jammu and Kashmir as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974.
38 Volume VII (1981 to 1984) 3. Composition of Commission etc.- (1) There shall be an Azad Jammu and Kashmir Public Service Commission constituting of the following Four members:- (i) One Chairman; (ii) an honorary Member; (iii) an ex-officio Member; and (iv) Director Amoor-i-Deenia, Member (2) The Chairman and other members of the Commission shall be appointed by the President. (3) Two members of the Commission shall be persons who have held office in the Service of Azad Jammu and Kashmir for not less than twenty years. (4) The pay and other conditions of service of members shall be such as may be determined by the President: Provided that the salary, allowances and privileges of a member of the Commission shall not be varied to his disadvantage during his term of office. 4. Term of office of members, etc.- (1) The President may determine the term of office of the Chairman and other members which shall not exceed three years: Provided that the President may called the term of office of the Chairman or any other member for such period, not exceeding two years, as it may deem fit. (2) A member may resign his office by writing under his hand addressed to the President. 5. Ineligibility for further employment.- (1) On ceasing to hold office, a member except in the case of an ex-officio member, shall not be eligible for further employment, in the service of Azad Jammu and Kashmir. (2) Nothing in sub-section (1) shall be deemed to prevent a member other than Chairman from being appointed as Chairman. 6. Removal from office.- A member shall not be removed from office except in the manner to be prescribed by rules made under Section 11. 7. Functions of the Commission.- The functions of the Commission shall be: (a) to conduct tests and examinations for recruitment to the civil services of Azad Jammu and Kashmir and such
39 Volume VII (1981 to 1984) posts in connection with the affairs of the Government as may be prescribed by rules made under Section 11; (b) to advice the President on matters relating to qualifications for, and method of recruitment to the services and posts referred to in clause (a); and (c) any other matters which the President may refer to the Commission. Explanatlon.-- In this Section, 'recruitment' means initial appointment otherwise than by promotion or transfer. 8. Commission to be informed when its advice not accepted.- Where the President does not accept the advice of the Commission, he shall inform the Commission accordingly. 9. Previous appointments.- Notwithstanding anything contained in Section 7 or any law for the time being in force or an appointment order: (a) all persons recruited without reference to the Commission to the posts prescribed under Section 7, at any time between twenty-fourth day of August, 1974 and coming into force of the Public Service Commission (Functions) Rules, 1978, shall be referred to the Commission for assessing their suitability and if in the opinion of the Commission, a person recruited to any such post, is not fit to hold that post, he may be discharged from service; (b) all recruitments other than those mentioned in clause (a) to the posts prescribed under Section 7, at any time between twenty fourth day of August, 1974 and coming into force of the Public Service Commission (Functions) Rules, 1978, shall be referred to the Commission to review these cases and if in the opinion of the Commission, a person recruited to any such post, is not fit to hold that post, he may be discharged from service; and (c) all appointments made by promotion to posts in grade 16 and 17 at any time between twenty-fourth day of August, 1974, and eighth day of May, 1977 shall be referred to the Commission and if in the opinion of the Commission, a person so appointed, is not fit to hold that post, he may be reverted to the post previously held by him.
40 Volume VII (1981 to 1984) 10. Reports of Commission.- (1) It shall be the duty of the Commission to present to the President annually a report on the work done by the Commission, and the President shall cause a copy of the report to be laid before the Legislative Assembly of Azad Jammu and Kashmir. (2) The report referred to in sub-section (1) shall be accompanied by a memorandum setting out so far as is known to the Commission: (a) the cases, if any, in which the advice of the Commission was not accepted and the reasons, thereof; and (b) the matters, if any, on which the Commission ought, to have been consulted but was not consulted and the reasons thereof. 11. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. 12. Rules to have retrospective effect.- The Public Service Commission (Functions) Rules framed under Section 11, immediately after the promulgation of this Ordinance, shall be deemed to have taken effect on the twenty-fourth day of August, 1974. 13. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu Kashmir Public Service Commission Ordinance, 1978 (Ordinance III of 1978) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. 14. Repeal.- The Azad Jammu and Kashmir Public Service Commission Ordinance, 1981 (Ordinance, 1981 Ordinance XV of 1981) is hereby repealed.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
41 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 1st February, 1981. No. 747/SL/81. The following Ordinance made by the President on the 1st day of February, 1981, is hereby published for general information:- (ORDINANCE XX OF 1981) AN ORDINANCE to provide for law relating to the appointment of Commission of Inquiry WHEREAS it is expedient to provide for law relating to the appointment of Commission of Inquiry for the purpose of makings inquiry into any matter of public importance, in the manner hereafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance. 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Commission of Inquiry Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (1) 'Chief Executive' means the Chief Executive of Azad Jammu and Kashmir; and (2) 'Government' means the Azad Government of the State of Jammu and Kashmir. 3. (1) The Chief Executive may, if is of opinion that it is necessary so to do by order in writing appoint a Commission of Inquiry hereinafter referred to as Commission, for the purpose of making an inquiry into any matter of public importance and performing such functions and within such time as he may specify and the Commission so appointed shall make the inquiry and perform the functions accordingly.
42 Volume VII (1981 to 1984) (2) The Commission may consist of two or more members from the following: (i) a person who is a Judge of the Supreme Court or High Court of Azad Jammu and Kashmir; (ii) a person who is or has been a Sessions Judge; or (iii) a Magistrate with power under Section 30 of the Code of Criminal Procedure, 1898; (iv) an officer nominated by the Chief Executive. (3) The Chief Executive may appoint a President from amongst the members. (4) The Commission shall have the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses documents; and (e) requisitioning any public record or copy thereof from any court or office. 5. (1) Where the Chief Executive is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub- sections (2) to (5) should be made applicable to a Commission, the Chief Executive may direct, by order in writing, that all or such of the said provisions as may be specified in the order shall apply to that Commission and on the making of such an order the said provisions shall apply accordingly. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force to furnish information on such points or matters as, in the opinion of the Commission, may be useful for. or relevant to, the subject matter of the inquiry. (3) The President of the Commission or any officer, not below the rank of a Gazetted Officer, specially authorised in this
43 Volume VII (1981 to 1984) behalf by the President of the Commission may enter any build- ing or place where the Commission has reason to believe that any books of account or other documents relating to the subject- matter of the inquiry may be found and may seize any such books of account or documents or take extracts or copies therefrom, subject to the provisions of Section 102 and Section 103 of the Code of Criminal Procedure, 1898, in so far as they may be applicable. (4) The Commission shall be deemed to be a Civil Court and when any offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Azad Kashmir Penal Code, is committed in the view or presence of the Commission the Commission may, after recording the facts constituting if the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898, forward the case to a Criminal Court having jurisdiction to try the same and the Court to whom any such case is forwarded shall proceed to try accused. (5) Any proceedings before the Commission shall be deemed to be a Judicial Proceeding within the meaning of Section 193 and 228 of the Azad Kashmir Penal Code. 6. If the President or any member of the Commission through death, illness or any other reason is unable to perform his func- tions, the Chief Executive may, by order in writing, declare the office of the President or such member to be vacant and appoint thereto another person qualified to hold the office. 7. If, in the course of an inquiry, the President or any member of the Commission is, for any reason, unable to attend any sitting thereof, the proceedings of the Commission may continue before the remaining person(s) comprising the Commission. 8. The Commission shall not merely by reason of any change of the President or in its membership or the absence of its President or any of its members from any sitting, be bound to recall and rehear any witness who has already given any evidence and act on the evidence already given or produced before it. 9. In the event of any difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the recommendation of the Commission shall be expressed in terms of the views of the majority, but in case the Commission consists of only a President and a member, the opinion of the President shall prevail.
44 Volume VII (1981 to 1984) 10. The Chief Executive may, if is, of opinion that the continued Existence of a Commission is unnecessary, by order in writing declare that the Commission shall cease to exist from such date as may be specified in this behalf in such order, and thereupon, the Commission shall cease to exist. 11. The Commission shall subject to any rules that may be made in this behalf, have power to regulate its own procedure including the fixing of places and times of its sittings and deciding whether to sit in public or in private and may act notwithstanding the temporary absence of any member of the existence of a vacancy among its members. 12. In case the Commission has been appointed to enquire into allegations against a particular person, such person shall be present during the examination of witnesses appearing before the Commission against such person and shall have the right to cross-examine such witnesses if he so chooses and if he fails to appear before the Commission on a date fixed for hearing, the Commission may proceed ex parte and presume that he has nothing to say in answer to the allegations. 13. Before commencement of the proceedings, the President of the Commission may, with the permission of the Chief Executive release a concise statement of the case to the press to enable members of the public who may have some knowledge of the case to appear before the Commission and make a statement in respect thereof: Provided that such a person shall be liable to be cross- examine by any person who may have some interest in the subject-matter of the inquiry. 14. No suit or other legal proceedings shall lie against the Chief Executive, the Commission or any member thereof, or any person acting under the direction either of the Chief Executive or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance or in respect of the publication, by or under the authority of the Chief Executive or the Commission, of any report, paper or proceedings. 15. (1) The Chief Executive may, by order in writing and subject to such conditions or restrictions, if any, as may be mentioned in the order, confer upon the Commission power to order a Police investigation into any matter coming before it. (2) In conducting an investigation ordered under sub-section (1) the Police shall exercise the powers conferred on the Police 45 Volume VII (1981 to 1984) in respect of a cognizable case by Chapter XIV of the Code of Criminal Procedure, 1898. 16. The Chief Executive, may by order in writing, make rules for carrying out the purposes of this Ordinance. 17. The Commission shall have the same power as the High Court has to punish any person for contempt of Court and the Contem- pt of Court Act, 1926 (XII of 1926), as in force in Azad Jammu and Kashmir, shall have effect accordingly as if reference therein to a 'Court' and to a 'Judge' were a reference, respectively, to the 'Commission' and a member of a Commission. 18 Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Commission of Inquiry Ordinance, 1977 (Ordinance XVII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President, Azad Jammu & Kashmir ------Sd/- (Syed Mohd Akram Shah) Secretary Law.
46 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th February, 1981. No./ /SL/81. The following Ordinance made by the President on the 7th day of February, 1981, is hereby published for general information:- (ORDINANCE XXVIII OF 1981) AN ORDINANCE to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court WHEREAS in pursuance of Section 31 sub-section (5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, the existing laws are to be brought in conformity with Quran and Sunnah: WHEREAS it is expedient to provide for law relating to the Constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything re- pugnant in the subject or context:,- (a) 'Council' means the Azad Jammu and Kashmir Council; (b) 'Chairman' means Chairman or the Court; (c) 'Court' means the Azad Jammu and Kashmir Shariat Court constituted under this Ordinance;
47 Volume VII (1981 to 1984) (d) 'Government' means the Azad Government of the State of Jammu and Kashmir; (e) 'High Court' means the Azad Jammu and Kashmir High Court; (f) 'Judge' in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court includes the Chief Justice of Supreme Court or as the case may be High Court and also includes Additional Judge of the High Court; (g) 'Law' includes any custom or usage having the force of law but for the purpose of exercising jurisdiction under Section 4 does not include the Azad Jammu and Kashmir Interim Constitution Act, 1974, Muslim Personal Law, any law relating to the procedure of any Court or Tribunal or, until the expiration of three years from the commencement of this Ordinance any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; (h) 'Member' means member of the Court; (i) 'State Subject' means the State Subject as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974; and (j) 'Supreme Court' means the Supreme Court of Azad Jammu and Kashmir. 3. The Azad Jammu and Kashmir Shariat Court.- (1) There shall be constituted for the purposes of this Ordinance a Court to be called the Azad Jammu and Kashmir Shariat Court. (2) The Court shall consist of two members, including the Chairman, to be appointed by the President. (3) The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a Judge of a High Court. (4) The Chairman and a member shall hold office for a period not exceeding three years: Provided that a retired Judge appointed as Chairman or member shall not hold office latter than three years from the date of his retirement.
48 Volume VII (1981 to 1984) (5) The principal seat of the Court shall be at Muzaffarabad. (6) Before entering upon office, the Chairman and a member shall make before the President or a person nominated by him oath in the form set out in the Schedule. (7) At any time when the Chairman or a member is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chairman or, as the case may be, the member. (8) (i) A Chairman who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a member who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court. (ii) A sitting Judge if appointed as Chairman or member of the Shariat Court shall be entitled to the same salary, allowances, privileges as are admissible to such Judge, before appointment as Chairman or as the case may be, the member in the Shariat Court. 4. Powers, jurisdiction and functions of the Court.- (1) The Court may. on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunction of Islam, it shall set out in its decision:- (a) the reasons for its holding that opinion; and (b) the Extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,- (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to
49 Volume VII (1981 to 1984) amend the Law so as to bring such law or provision into conformity with the Injunctions of Islam; and (b) such law or provision shall, to the Extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. (4) 1n deciding the cause or a matter pending before the Shariat Court in case of difference of opinion the view of Chairman shall prevail. 5. Powers and procedure of the Court.- (1) For the purposes of the performance of its functions, the Court shall have the powers as are vested in the High Court while exercising original civil jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceedings before the Court under the Ordinance may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (5), a person shall be a 'aalim' who in the opinion of the Court, is wel1-versed Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunc- tions of Islam. (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
50 Volume VII (1981 to 1984) (9) No Court-fee shall be payable in respect of any petition or application to the Court under this Ordinance. 6. Bar or Jurisdiction.- Save as provided under this Ordinance no Court or tribunal, including the Supreme Court and a High Court shall entertain any proceedings or exercise any power or jurisdiction in any matter when the Shariat Court has the power to adjudicate and determine. 7. Pending proceedings to continue, etc.- (1) Subject to sub- section (2) nothing in this Ordinance shall be deemed to require any proceedings pending in any Court or tribunal immediately before the commencement of this Ordinance or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being inforce. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before the commencement of this Ordinance shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Ordinance shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or Tribunal. 8. Administrative Arrangements, etc.- The Government shall make all such administrative arrangements, .and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the func- tions of the Court. 9. Power to make rules.- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:- (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in 51 Volume VII (1981 to 1984) attending for the purposes of the proceedings before the Court; and (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court. (3) Until rules are made under sub-section (1) of this Section the Shariat Benches of Superior Courts Rules, 1980, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Ordinance, continue in force. 10. The Chairman or member shall take oath as prescribed in the Schedule. 11. Repeal.- The Constitution of Shariat Benches or Superior Courts Ordinance (Ordinance CII of 1980) is hereby repealed. SCHEDULE 'Chairman or member of Azad Jammu and Kashmir Shariat Court, under Section 3 of Azad Jammu and Kashmir Shariat Court Ordinance, 1980.' I, ...... , do solemnly swear that, as the Chairman (or a member) of the Azad Jammu and Kashmir Shariat Court, I will discharge my duties, and perform my functions honestly to the best of my ability and faithfully in accordance with law; And that I will not allow my personal interest to influence my official conduct or my official decisions. (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
52 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 12th February, 1981 No. 974/LD/81. The following Ordinance made by the President on the 12th day of February, 1981, is hereby published for general information. (ORDINANCE XXIX OF 1981) AN ORDINANCE further to amend the Punjab Land Revenue Act, 1887 WHEREAS it is expedient to amend the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Land Revenue (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 75, Act XVCII of 1887.- In the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, hereinafter referred to as the said Act, in Section 75, for the words ‘Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 3. Amendment of Section 77, Act XVII of 1887.- In the said Act, in Section 77,- (a) in sub-section (1) after the word "due" at the end, the colon shall be omitted and thereafter the words "and if the defaulter owns any property which is owned by him jointly with others and in the opinion of the Collector, the defaulter’s share cannot be sold or, if sold, cannot fetch a reasonable price, the whole of such property may be sold” shall be added; and
53 Volume VII (1981 to 1984) (b) in the proviso the words and comma “no interest save those of the defaulter alone shall be so proceeded against, and” shall be omitted." 4. Amendment of Section 79, Act XVII of 1887.- In the said Act, in Section 79, in sub-section (1) for the words “Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 5. Protection.- Any sanction accorded before the commencement of this ordinance shall be deemed to have been accorded under the provisions of this Ordinance. 6. Repeal.- The Land Revenue (Amendment) Ordinance, 1980 (Ordinance CXCIII of 1980) is hereby repealed.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
54 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 12th February, 1981 No. 982/LD/81. The following Ordinance made by the President on the 12th day of February, 1981, is hereby published for general information. (ORDINANCE XXX OF 1981) AN ORDINANCE to provide for the law relating to the Forest protection and distribution of timber through Local bodies. WHEREAS it is expedient to provide for the law relating to Forests protection and distribution of timber through local bodies; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Construction Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- All words used but not otherwise defined in this Ordinance, shall be deemed to have the same meanings as attributed to them in the Forest Regulation, 1930. (a) 'Chairman' means the Chairman of the Union Council; (b) 'Collector' means the Collector appointed under the Land Revenue Act; (c) 'Committee' means committee constituted under this Ordinance; (d) 'Forest Department' means the Forest Department of the Azad Government of the State of Jammu and Kashmir; (e) 'Member' means the elected or co-opted member of the Union Council;
55 Volume VII (1981 to 1984) (f) 'Revenue Officer' means the Revenue officer of the Revenue Department of the Azad Government of the State of Jammu and Kashmir; (g) 'Union Council' means the Council constituted under the Azad Jammu and Kashmir Local Government Ordinance, 1979. 3. Composition or Forest Committee.- Notwithstanding anything contained to the contrary in any other law for the time being in force, in each Union Council, the Chairman shall constitute a Committee known as Forest Committee consisting of three elected members of the Union Council besides the Chairman or the Union Council who will be the Chairman of this Committee, one official of the Forest Department will be the co-opted member of this Committee for trial and final disposal of the Forest cases under this Ordinance. 4. Jurisdiction of Forest Committee.- (1) The jurisdiction of the Forest Committee, unless otherwise prescribed by the Government, shall extend to the area, which falls within the Local limits of Union Council concerned. Union Council/Forest Committee shall not be competent to take notice of any dispute arising out of a forest contract or a lease. (2) All forest damage cases upto the value of rupees one thousand to which this Ordinance apply shall be instituted in the Union Council; provided that such cases which have not been withdrawn under the laws for the time being in force, may, if instituted in the Courts before coming into force of this Ordinance be transferred to the respective Union Councils. 5. Powers.- The Committee shall be competent to direct an accused to pay the compensation and price for the damage done to a forest which shall be assessed as provided in the Forest Regulation, 1930 as amended from time to time. (2) In case of damage to the forests, where culprits cannot be specified, the Committee may impose a collective compensation for the damage so caused and direct the same to be paid by the persons residing in the locality. (3) Where a person is found to have encroached upon or is in unlawful possession of the forest land, he shall be ejected by the Committee. Local Revenue, Forest and Police authorities shall render all possible help to the Committee in this respect. 6. Compensation Recovery.- (1) The price and compensation so recovered from the culprits under this Ordinance, half of such compensation and price shall be deposited in the Government 56 Volume VII (1981 to 1984) Treasury as forest revenue, whereas the remaining half of the compensation so realized may be utilized with consultation of the Forest Department for development and protection of the forests of that area or locality. Proper accounts shall be maintained by the Union Council/Committee for the amount. (2) The amount of price and compensation awarded by the Union Council/Committee may be recovered as arrears of the land revenue through the Collector. 7. Procedure.- Notwithstanding anything contained to the contrary in any other law:- (1) The concerned forest official shall get the damage report registered in the Range Office and the Range Officer shall immediately forward the case to the concerned Union Council through Block Officer for settlement. The Block Officer (Incharge Block) shall appear before the Committee as a representative of the Forest Department for conducting the case. (2) When the Chairman is of the opinion that the case should be tried by an ordinary Court on the grounds that in case of conviction, punishment of imprisonment would be appropriate or the transfer of the case is necessary for any other reason, he may forward the case to the Magistrate competent to try the same under the law. (3) All cases under this Ordinance shall be tried summarily according to the procedure laid down in the Code of Criminal Procedure as in force in Azad Jammu and Kashmir for summary trials. (4) The Chairman shall exercise the powers of a Magistrate of first class for the purpose of summoning of accused person or persons and witnesses and for compelling their attendance by issuing warrants of arrest. The summons or warrants shall be served through the village Police. If no village Police is constituted till then through local Police. (5) Where, an accused person absents himself from the Committee, the trial shall proceed against him in his absence. (6) The decision of the Committee shall be according to the opinion of the majority of the members of the Committee hearing the case. When the members are so divided that majority cannot be ascertained, the chairman shall have a casting vote and decision shall follow accordingly. (7) A legal practitioner may appear before the Committee to conduct the case on behalf of the party.
57 Volume VII (1981 to 1984) (8) The decision of the Committee shall be in writing and shall be signed by the Chairman and the members of the Committee hearing the case. (9) The record of the proceedings of the case, and statements recorded shall be maintained properly. (10) The judgment shall specify the allegation of the prosecution, the plea of the accused, the points of determination, the evidence in support and the decision thereof. (11) Any member of the Committee may record a dissenting judgment. 8. Meeting.- The meeting of the Committee shall be convened by the Chairman from time to time, but a least twice a month for the disposal of forest cases. The quorum for meeting of the Committee shall be 51% of the members of the Council or Committee. 9. Appeal.- An appeal shall lie within 30 days against the decision of the Committee to the Forest Magistrate specially empowered by the Government in this behalf. 10. Other functions and powers of the Union Council.- (1) Subject to the general control and supervision of the Chief Conservation of Forests, Conservators of Forests and Divisional Forests Officers, the function of allotting the trees and timber to the concessionists every year during the usual period (April and October) Division Forest Officer shall get the marking of trees conducted in advance. The marking lists specifying the quantity or number of trees or timber to be issued at concession and Zamidari rates separately (for distribution every year), shall be sent to the concerned Union Council for distribution purpose. The concerned Union Council, shall allot trees or timber to the persons whose needs are genuine and entitled to such concessions. List of persons with particulars, who have been allotted timber or trees, shall be sent to the concerned Range Officer for issuing permits in their favour. (2) Where Revenue, record particularly field map is available, the Chairman Union Council will be competent to sanction to the cutting of maximum of two trees from the revenue assessed land to owners of such land and to allottees of evacuee land for the repairs or construction or reconstruction of their own houses. Where the field map is not available, the Union Council after getting verification from the Local Revenue and Forests staff may recommend the case to the Forest Range
58 Volume VII (1981 to 1984) Officer for according permission to cut upto maximum two trees for self utilization: Provided that where tree is cut from revenue assessed or evacuee land except where the competent authority grants permission for bona fide personal use or gifting the tree for use in the same village, the amount of compensation shall be assessed at the price of the trees at lease rates or Zamindari rate as the case may be, prevalent at the time of the disposal of the case. (3) The Divisional Forest Officer shall sanction upto a maximum of two trees free of cost, at the recommendation of the Chairman, Union Council, for the reconstruction of houses destroyed by natural calamities. (4) The Divisional Forest Officer shall sanction upto a maxi- mum of two trees free of cost, at the recommendation of the Chairman, Union Council, for the construction or repairs of village mosques. (5) The Deh, and Union Councils shall provide every assistance to the local forest staff in tracing out culprits in forest damage cases. (6) It shall be the duty of the members of Deh and Union Council to accept "superdnama" of the confiscated or seized material during the course of investigation of forest damage. (7) Where it is proposed by the Forest Department to effect closures in the forest and private areas, it shall be the duty of the members of the Union or Deh Council to preserve such areas for reforestation or regeneration purposes. (8) The grant of the establishment of timber and firewood deposits on behalf of the public shall be given on the recommendation of the Union Councils. (9) Each Deh Council shall establish cattle ponds at appropriate places within their jurisdictions and maintain the same as provided in Cattle Tresspass Regulation 8 of 1920 and rules made thereunder. (10) It shall be the duty of the Union Council concerned to furnish a certificate to the Divisional Forest Officer concerned regarding the proper and bona fide personal use of the tree or timber issued to the concessionists. 11. Power to make Rules.- The Government may make rules for carrying out the purposes of this Ordinance.
59 Volume VII (1981 to 1984) 12. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notification issued, Orders of appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Ordinance, 1980 (Ordinance XCIX of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validity done, taken, issued, made, initiated or exercised under this Ordinance.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
60 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 14th February, 1981 No. 986/LD/81. The following Ordinance made by the President on the 14th day of February, 1981, is hereby published for general information. (ORDINANCE XXXI OF 1981) AN ORDINANCE to provide for the prohibition of cutting of trees or causing damage to the standing and growing trees near the line of control in Azad Jammu and Kashmir. WHEREAS it is expedient to provide for the prohibition of cutting of trees and causing damages to the standing and growing trees 1,000 yards (914.4 meters) of the line of control in Azad Jammu and Kashmir and for matters ancillary thereto; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) The Ordinance may be called the Cutting of Trees (Prohibition) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance unless there is anything re- pugnant in the subject or context:- (a) 'formation' means Corps, Division or Brigade of the Pakistan Army; (b) 'local formation commander' in relation to an area, means an officer for the time being in command of the formation in the area; and (c) 'tree' means a large plant with the self supporting trunk. 3. Cutting etc, of trees prohibited.- Notwithstanding anything contained in any other law for the time being in force, no person shall, without the prior written approval of the local formation commander or an officer authorised by him in this behalf, cut, 61 Volume VII (1981 to 1984) fell or damage or cause to be cut, felled or damaged any tree - growing within 1,000 yards (914.4 meters) belt along the line of control in Azad Jammu and Kashmir; Provided that this Ordinance shall not affect the existing lease/contracts and any action taken, anything done or intended to be done thereunder. 4. Penalty.- Whoever contravenes the provisions of this Ordinance or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both. 5. Power to make rules.- The Azad Government of the State of Jammu and Kashmir may make rules for carrying out the purposes of this Ordinance. 6. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Cutting of Trees (Prohibition) Ordinance, 1980 (Ordinance XXVI of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
62 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 14th February, 1981 No. 1987/LD/81. The following Ordinance made by the President on the 14th day of February, 1981, is hereby published for general information. (ORDINANCE XXXII OF 1981) AN ORDINANCE to amend the Penal Code, 1860 WHEREAS it is necessary to amend the Penal Code, 1860 (Act XLV of 1860), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Penal Code (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Addition of new Section 298-A, Act XLV of 1860.- In the Pakistan Penal Code 1860 (Act XLV of 1860), as inforce in Azad Jammu and Kashmir, in Chapter XV, after Section 298, the following new section shall be added, namely:- “298-A. Use of Derogatory Remarks etc., in respect of Holy Personage.- Whoever by words either spoken or written, or by visible representation or by any imputation innuendo of insinuation directly or indirectly, defiles the sacred name of any wife (Ummul-Mumineen), or members of the family (Ahle-Bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-i- Raashideen) and companions (Sahaaba) of the Holy
63 Volume VII (1981 to 1984) Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
64 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIRLAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 20th February, 1981 No. 1095/SL/81. The following Ordinance made by the President on the 20th day of February, 1981, is hereby published for general information:- (ORDINANCE XXXV OF 1981) AN ORDINANCE further to amend the Code of Criminal Procedure,1898 WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure, (Amendment) Ordinance, 1981. (2) It shall come in to force at once. 2. Insertion of New Section 382-A, 382-B, 382-C, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898) , as in force in Azad Jammu & Kashmir, hereinafter referred to as the said Code, after Section 382, the following new Section 382-A, 382-B, 382-C shall be inserted:- “382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year.- Notwithstanding anything contained in Section 383 or 391, where the accused- (a) is awarded any sentence of imprisonment under Section 476, or (b) is sentenced in cases other than those provided for in Section 381, to imprisonment whether with or without fine or whipping, for a period of less than one year.
65 Volume VII (1981 to 1984) The sentence shall not , if the accused furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the period prescribed for making an appeal against such sentence or, if an appeal is made within that time, until the sentence of imprisonment is confirmed by the Appellate Court, but the sentence shall be executed as soon as practicable after the expiry of the period prescribed for making an appeal, or in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence. 382-B. Period of detention to be considered while awarding sentence of imprisonment.-Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it shall take into consideration the period, if any, during which such accused was detained in custody for such offence. 382-C. Scandalous or false and Frivolous pleas to be considered in passing Sentence.- In passing a sentence on an accused for any offence, a Court may take into consideration any scandalous or false and frivolous plea taken in defence by him or on his behalf.” 3. Amendment of Section 497, Act V of 1898.- In the said Code, in Section 497, in sub-section (1), in the second proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided further that the Court shall, except where in his opinion that notwithstanding anything contained in Section 27 of the Azad Jammu and Kashmir Islami (Tazeerati Qawanin Nafaz) Act, 1974, the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf, direct that any person shall be released on bail:- (a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trail for such offence has not concluded; or (b) who, being accused of an offence punishable with death has been detained for such offence for a continuous period exceeding two years and whose trail for such offence has not concluded”.
66 Volume VII (1981 to 1984) 4. Amendment of Section 510, Act V of 1898.- In the said Code, for Section 510, the following shall be substituted, namely:- “510 Report of Chemical Examiner, Serologist, etc.-Any document purporting to be a report, under the hand of any Chemical Examiner or Assistant Chemical Examiner to any Serologist, finger print expert or fire-arm expert appointed by Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any inquiry, trail or other proceeding under this Code.- Provided that the Court may, if it considers necessary in the interest of justice, summon and examine the person by whom such report has been made.” 5. Amendment of Schedule II, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898), in schedule II, after the entries relating to Section 298 the following entries shall be inserted, namely:- 1 2 3 4 5 6 7 8 298-A Use of May Ditto Ditto Not Imprisonment of Ditto derogatory arrest either description remarks etc. in without Compoundable for three years, or respect of holy warrant fine, or both. personages. 6. Amendment of Second Schedule, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898), in the Second Schedule, for the ``heading ‘Offences against other Laws’ and the entries there under the following heading and entries shall be substituted, namely:-
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Muhammad Akram Shah) Secretary Law
67 Volume VII (1981 to 1984)
OFFENCES AGAINST OTHER LAWS 1 2 3 4 5 6 7 8 If punishable May arrest Warrant Not Net Ditto Court of with death without bailable compound- Session (imprisonment warrant. able for life) or imprisonment for 7 years or upward. If punishable Ditto Ditto Ditto Ditto Ditto Magistrat with Except in e of the imprisonment cases under first for 3 years, the Arms class. and upward, Act, 1878, but less than 7 Section 19, years. which shall be bailable. If punishable Shall not Summons Bailable Ditto Ditto Magistrat with arrest e of first imprisonment without or second for 1 year, and warrant class upwards, but less than 3 years It punishable Ditto Ditto Ditto Ditto Ditto Any with Magistrat imprisonment e for less than 1 year, or with fine only. Offences against Tazeerate Islami, Hudood and Qasas. 1 2 3 4 5 6 7 8 If punishable May arrest Warrant No bailable Not Ditto Zilae with death, without compound- Adalat imprisonment warrant able for life, imprisonment exceeding 7 years, amputation of hand or foot or both hand and foot or with whipping exceed 80 stripes with or without any other of the said punishment. If punishable Ditto Ditto Ditto Ditto Ditto Tehsili with Adalat imprisonment for 3 years and upwards but not exceeding 7 years or with whipping not exceeding 80 stripes with or without imprisonment. If punishable Shall not Summons Bailable Ditto - Tehsili with arrest Adalat imprisonment without for 1 year and warrant upwards but less than 3
68 Volume VII (1981 to 1984) years or with whipping not exceeding 40 stripes with or without imprisonment. If punishable Ditto Ditto Ditto Ditto - Tehsili with Adalat imprisonment for less than 1 years or with whipping not exceeding 10 stripes with or without imprisonment or with fine only.
69 Volume VII (1981 to 1984) THE AZAD GOVT.OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 20th February, 1981 No.1099/SL /81. The following Ordinance made by the President on the 20th day of February, 1981, is hereby published for general information:- (ORDINANCE XXXIX OF 1981) AN ORDINANCE to bring in conformity with the Injuctions of Islam the Law relating to the offence of Zina. WHEREAS it is necessary to modify the existing Law relating to zina so as to bring it in conformity with the Injuctions of Islam as set-out in the Holy Quran and Sunnah ; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir (3) It shall come into force at once. 2. Definitions.- In this Ordinance unless there is anything repugnant in the subject or context:- (a) “adult” means a person who has attained, being a male the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty ; (b) “hadd” means punishment ordained by the Holy Quran or Sunnah ; (c) “unmarriage” means marriage which is not void according to the personal Law of the parties, and, “married” shall be construed accordingly ; (d) “muhsan” means – (i) A Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult women, who at the time he had sexual
70 Volume VII (1981 to 1984) intercourse with her, was married to him and was not insane; or (ii) A Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man, who, at the time she had sexual intercourse with him, was married to her and was not insane ; and (e) “tazir” means any punishment other than hadd, and all other terms and expressions not defined in this Ordinance shall have the same meaning as in the Penal Code (Act XLV of 1860), or the Code of Criminal Procedure, 1898 (Act V of 1898). 3. Ordinance to override other Laws.- The provisions of this ordinance shall have effect notwithstanding anything contained in any other Law for the time being in force. 4. Zina:- A man and a women are said to commit ‘Zina’ if they willfully have sexual intercourse without being validly married to each other . Explanation.- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina. 5. Zina liable to hadd.- (1) Zina is Zina liable to hadd if – (a) It is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be, married; or (b) It is committed by a women who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be, married. (2) Whoever is guilty of zina liable to hadd shall, subject to the provisions of this Ordinance.- (a) if he or she is a muhsan, be stoned to death at a public place ; or (b) if he or she is not a muhsan, be punished, at a public place, with whipping numbering one hundred stripes. (3) No punishment under sub-section (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies ; and if the punishment be of whipping, until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment. 6. Zina-bil-jabr.- (1) A person is said to commit zina-bil-jabr if he or she has sexual intercourse with a woman or man, as the case
71 Volume VII (1981 to 1984) may be, to whom he or she is not validly married, in any of the following circumstances, namely :- (a) against the will of the victim ; (b) without the consent of the victim ; (c ) with the consent of the victim, when the consent has been obtained by putting in fear of death or of hurt: or (d) with the consent of the victim, when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is or believes herself or himself to be validly married. Explanation.- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of zina-bil- jabr. (2) Zina-bil-Jabr is Zina-bil-Jabr liable to hadd if it is committed in the circumstances specified in sub-section (1) of Section 5. (3) Whoever is guilty of Zina-bil-Jabr liable to hadd shall, subject to the provisions of this Ordinance.- (a) if he or she is a muhsan, be stoned to death at a public place ; or (b) if he or she is not a muhsan be punished with whipping with numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regarding to the circumstances of the case. (4) No Punishment under sub-section(3)shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping, until it is confirmed and executed the convict shall be dealt with in the same manner as if sentenced to simple imprisonment. 7. Punishment for Zina or Zina-bil-Jabr where convict is not an adult.- A person guilty of Zina or Zina-bil-Jabr shall, if he is not an adult , be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both , and may also be awarded the punishment of whipping not exceeding thirty strips: Provided that, in the case of Zina-bil-Jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment. 72 Volume VII (1981 to 1984) 8. Proof of Zina or Zina-bil-Jabr liable to had.- Proof of Zina or Zina-bil-Jabr , liable to had shall be in one of the following forms, namely:- (a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or (b) at least four Muslim adult male witnesses, about whom the Court, is satisfied, having regard to the requirements of Tazkiyah al-Shuhood, that they are truthful person and abstain from major sins (Kabair), given evidence as eye- witnesses of the act of penetration necessary to the offence; Provided that, if the accused is non-Muslim, the eye- witnesses may be non-Muslims. Explanation.- In this Section “Tazkiyah al-shuhood” means the mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness. 9. Cases in which Hadd shall not be enforced.- (1) In a case in which the offence of Zina or Zina-bil-Jabr is proved only by the confession of the convict, hadd, or such part of it as is yet to be enforced, shall not be enforced if the convict retracts his confession before the hadd or such part is enforced. (2) In a case in which the offence of Zina or Zina-bil-Jabr is proved only be testimony, hadd, or such part of it as is yet to be enforced, shall not be enforced if any witness resiles from his testimony before hadd or such part is enforced, so as to reduced the number of eye-witnesses to less than four. (3) If, at the time of execution of hadd, the authorised Medical Officer is of the opinion that the amputation of hand or foot may cause the death of the convict, the execution of had shall be postponed until such time as the apprehension of death ceases. 10. Cases in which hadd shall not be imposed.- Hadd shall not be imposed in the following cases, namely:- (a) When the offender and victim of the theft are related to each other as- (i) spouses ; (ii) ascendants, paternal or maternal ; (iii) descendent, paternal or maternal; (iv) brothers or sisters of father or mother: or (v) brothers or sisters of their children;
73 Volume VII (1981 to 1984) (b) When a guest has committed theft from the house of his host; (c) When a servant or employee has committed theft from the hirz of his master or employer to which he is allowed access; (d) When the stolen property is wild grass, fish, bird, dog, pig, intoxicant, musical instrument, or perishable food- stuffs, for the preservation of which provision does not exist; (e) When the offender has a share in the stolen property the value of which , after deduction of his share , is less than the nisab. (f) When the creditor steels his debtor’s property the value of which , after deduction of the amount due to him, is less than the nisab. (g) When the offender has committed theft under ikrah or iztirar; Explanation. In this clause.- (i) ‘ikrah’ means putting any person in fear of injury to the person, property or honour of that or any other person ;and (ii) ‘iztirar’ means a situation in which a person is in apprehension of death due to extreme hunger or thirst. (h) When the offender, before this apprehension, has, on account of repentance, returned the stolen property to the victim and surrenders himself to the authority concerned. 11. Cases in which hadd shall not be enforced.- (1) Hadd shall not be enforced in the following cases, namely:- (a) When theft is proved only by the confession of the convict, but he retracts his confession before the execution of hadd; (b) When theft is proved by testimony, but before the execution of hadd, any witness resiles from his testimony so as to reduce the number of eye-witnesses to less than two; ( c ) When , before the execution of hadd, the victim withdraws his allegation of theft of states that the convict had made a false confession or that any of the eye-witnesses have deposed falsely, and the number of eye-witnesses is thereby reduced to less than two ; and
74 Volume VII (1981 to 1984) (d) When the left hand or the left thumb or at least two fingers of the left hand or the right foot of the offender or either missing or entirely unserviceable. (2) In the case mentioned in clause (a) of sub-section (1) the Court may order retrial. (3) In a case mentioned in clause (b) or clause (c) or clause (d) of sub-section (1) the Court may award tazir on the basis of the evidence on record. 12. Return of stolen property.- (1) if the stolen property is found in the original or in an identifiable from, or in a form into or for which it may have been converted or exchanged, it shall be or caused to be returned to the victim whether it is in the possession of, or has been recovered from, the offender or any other person. (2) if the stolen property is lost or consumed while in the offender’s possession and the hadd is enforced against him, the offender shall not be required to pay compensation. 13. Theft liable to Tazir.- Whoever commits theft which is not liable to hadd, or for which proof in either of for the forms mentioned in Section 7 is not available, or which hadd may not be imposed or enforced under this Ordinance, shall be liable to tazir. 14. Punishment for theft liable to Tazir.- Whoever commits theft liable to tazir shall be awarded the punishment provided for the offence of theft in the Penal Code (Act XLV of 1860). 15. Definition of Haraabah.- When anyone or more person, whether equipped with arms or not, make show of force for the purpose of taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt, such person or persons are said to commit haraabah. 16. Enticing or taking away or detaining with criminal intent a woman.- Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person , or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine. 17. Mode of execution of punishment of stoning to death.- The punishment of stoning to death awarded under Section 5 or Section, 6 shall be executed in the following manner, namely :- Such of the witnesses who deposed against the convict as may be available shall start stoning him and, while stoning is
75 Volume VII (1981 to 1984) being carried on, he may be shot dead, whereupon stoning and shooting shall be stopped. 18. Punishment for attempting to commit an offence.- Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half or the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments. 19. Application of certain provisions of Penal Code (Act XLV of 1860) and Amendment.- (1) Unless otherwise expressly provided in this Ordinance, the provisions of Sections 34 to 38 of Chapter II, Section 63 to 72 , of Chapter III and Chapters V and VA of the Penal Code (Act XLV of 1860) shall apply, mutatis mutandis, in respect of offences under this Ordinance. (2) Whoever is guilty of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir. (3) In the Penal Code (Act XLV of 1860).- (a) Section 366, Section 372, Section 373, Section 375 and Section 376 of Chapter XVI and Section 493,Section 497 and Section 498 of Chapter XX shall stand repealed ; and (b) In Section 367, the words and comma “or to the unnatural lust of any person” shall be omitted. 20. Application of Code of Criminal Procedure (Act V of 1898), and Amendment.- (1) The provisions of the Code of Criminal Procedure,1898 (Act V of 1898), hereafter in this section referred to as the Code, shall apply, mutatis mutandis, in respect of cases under this ordinance : Provided that, if it appear in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefore, be convicted and punished for that offence: Provided further that an offence punishable under this Ordinance except Sections 7, 16 and 18 shall be triable by a Zilae Adalat and an appeal from an order of the Zilae Adalat shall lie to the Azad Jammu and Kashmir Shariat Court.
76 Volume VII (1981 to 1984) (2) The Provisions of Section 198, Section 199, Section 199A or Section 199B of the Code shall not apply to the cognizance of an offence punishable under Section 15 or Section 16 of this Ordinance. (3) The provisions of sub-section (3) of Section 391 or Section 393 of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance. (4) The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under Section 5 or Section 6 of this Ordinance. (5) In the Code, section 561 shall stand repealed. 21. Application of the Azad Jammu and Kashmir Islami (Tazirati) Qawanin Nafaz Act, 1974.- Notwithstanding anything contained in the Code of Criminal Procedure, 1898(Act V of 1898), the provisions of Section 23, Section 25, Section 28 and Section 31 of Azad Jammu and Kashmir Islami (Tazirati) Qawanin Nafaz Act, 1974,(Act XI of 1974) shall apply, mutatis mutandis, in respect of cases under the Ordinance. 22. Presiding Officer of the Court to be Muslim.- The Presiding Officer of the Court by which a case is tried, or an appeal is heard , under this Ordinance shall be a Muslim : Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. 23. Pending cases.- Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement. 24. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or power exercised under the provisions of Zina (Enforcement of Hudood) Ordinances, 1979(Ordinance XXX of 1979), or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
77 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 21st February, 1981 No. 1122/LD/81. The following Ordinance made by the President on the 21st day of February, 1981, is hereby published for general information:- (ORDINANCE XLIII OF 1981) AN ORDINANCE to make provisions relating to the assessment, collection and disbursement of Zakat and Usher WHEREAS it is necessary to make provisions relating to the assessment, collection and disbursement of Zakat and Ushr and matters connected therewith or incidental thereto; AND WHEREAS, Azad Jammu and Kashmir, being an Islamic State, must provide for the implementation of Islamic precepts; AND WHEREAS Zakat, including Ushr, is one of the fundamental pillars (Arkan) of Islam; AND WHEREAS the prime objective of the collection of Zakat and Ushr, and disbursements there from, is to assist the needy, the indigent and the poor; AND WHEREAS the rates of Zakat and Ushr, as also the purposes for the utilization of Zakat and Ushr, are Specified in Shariah; AND WHEREAS Shariah enjoins upon all Muslims who are Shaib-i-Nisab to pay, and the State to arrange for the proper collection, disbursement and utilization of Zakat and Usher, and also allows such Muslims to disburse for the purposes authorized by Shariah the part thereof not collected by the State; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance;
78 Volume VII (1981 to 1984) CHAPTER-I: PRELIMINARY 1. Short title, Extent, Application and Commencement.- (1) This Ordinance may be called the Zakat and Ushr Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir, but as regards payment very of Zakat and Ushr applies any to Muslim State Subject of Azad Jammu and Kashmir and a company, or other association of persons, or body of individuals whether incorporated or not majority of the Shares of which is owned, or the beneficial ownership of which is held by such State subjects. (3) In respect of a person who may believe that the whole or any part of the recoveries effected from him in the manner laid down in this Ordinance are not according to his belief; such recoveries shall nevertheless be made, but shall deemed to be contribution to Zakat Fund on the Part of the person: Provided that no Zakat or Ushr shall be charged or collected on compulsory basis in respect of the assets or the produce of a person who, within the period of three months preceding the Valuation Date, files with the Deducting Agency, or with the Local Committee in the case of Ushr, a declaration in the prescribed form sworn by him before a Magistrate, an Oath Commissioner, a Notary Public or any other person authorised to administer oath, in the presence of two witnesses who identify him, to the effect that he is a Muslim and a follower of one of the recognized fiqhs, which he shall specify in the declaration, and that his faith and the said fiqh do not oblige him to pay the whole or any part of Zakat or Ushar in the manner laid down in the Ordinance: Provided further that, where for any reason Zakat or Usher is collected on compulsory basis from such a person and he does not wish to leave it in the Zakat Fund as Sadaqah or Khairat in the name of Allah as a manifestation of the unity of the Ummah and claims refund, on the basis of a declaration as aforesaid filed by him within the period specified in the first proviso or within such further period as may be prescribed, the amount so collected shall be refunded to him in the prescribed manner; and (4) The Azad Jammu and Kashmir Shariat Court may, on the application of any Person, decide the question whether a declaration such as is referred to in the first or second proviso to sub-section (3) made by any person is valid according to the fiqh he professes to follow; and if the Azad Jammu and Kashmir 79 Volume VII (1981 to 1984) Shariat Court decides that declaration is not valid, such person shall, without prejudice to any other action that may be taken against him under any other law, be liable to pay Zakat or Usher, as the case may be, in the manner laid down in this Ordinance. Explanation.- In this Ordinance, reference to Zakat deductable at source or to Ushr realizable on compulsory basis shall be construed to imply to reference to contributions to Zakat Fund also. (5) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provision of this Ordinance. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (i) 'annuity' means the sum payable periodically, according to the annuity policy conditions, to an annuitant during his life-time, or for a fixed number of years, as the case may be and includes the scheme or postal annuities as notified by the Government; (ii) 'assets' means assets liable to Zakat as provided in this Ordinance; (iii) 'atiyyat' means voluntary donations to the Zakat Funds, otherwise than on account of Zakat or Ushr, and includes SADAQAT-I-NAFILAH; (iv) 'Council' means the Zakat Council established under Section 12; (v) 'Chief Administrator' means a person appointed as such under Section 13, and includes an officer authorised by him to exercise or perform any power or function of Chief Administrator under this Ordinance; (vi) 'Company' means a company as defined in the Companies Act, 1913 (VII of 1913). (vii) ‘Deducting Agency’ means a bank, post office or other institution referred to in the fifth Column of the First Schedule; (viii) 'Deduction Date' means, in respect of the assets mentioned in the First Schedule, the date or dates on which Zakat is to be deducted at source and which is or are specified in the forth column of that Schedule; (ix) ‘District Committee’ means a District Zakat and Ushr Committee constituted under Section 14;
80 Volume VII (1981 to 1984) (x) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (xi) ‘Government Security’ has the same meaning as in the Securities Act, 1920 (X of 1920) of Pakistan; (xii) ‘Insurer’ means the State Life Insurance Corporation of Pakistan or Postal Life Insurance; (xiii) ‘Local Committee’ means a Local Zakat and Ushr Committee constituted under Section 16; (xiv) ‘Locality’ means the area within the jurisdiction of a Local Committee; (xv) ‘Markaz’ means a Markaz as defined in the Local Government Ordinance, 1980; (xvi) ‘Markaz Committee’ means a Committee constituted under Section 15; (xvii) ‘Maturity value’ means the sum payable, according to stipulated conditions, on survival of the life assured to the specified age or to the end of the terms of the policy; (xviii) 'Nisab' in relation to assets liable to Zakat except agricultural produce and animals fed free in pastures, means 612.32 grams of silver, or cash or gold, or goods for trade, or any assets liable to Zakat under Shariah the aggregate value of which is equal to the value of 612.32 grams of silver, as notified by the Chief Administrator for each Zakat year or, in the case of a person whose assets liable to Zakat consist of only of gold, 87.48 grams of gold. (xix) ‘Prescribed’ means prescribed by rules; (xx) ‘Produce’ means gross agricultural, horticulture or forest produce; (xxi) ‘Provident Fund’ has the same meaning as in the Provident Funds Act or rules made thereunder; (xxii) ‘Recognized Provident Fund’ means a Provident Fund recognized as such, by the competent authority, under the Income Tax Ordinance, 1979 (XXXI of 1979); (xxiii) ‘Return’ means income, howsoever described, accruing on an assets; (xxiv) ‘Rules means rules made under this Ordinance; (xxv) ‘Sahib-i-Nasab’ means a person who owns or possesses assets not less than nisab, but does not include;-
81 Volume VII (1981 to 1984) (a) the Government, the Azad Jammu and Kashmir Council or a Local authority; (b) a statutory corporation, a company or other enterprise owned wholly, directly or indirectly, by the Government, the Azad Jammu and Kashmir Council, a local authority or a corporation owned by the Government or the Azad Jammu and Kashmir Council, either singly or jointly with one or more of the other three; (c) a subsidiary of a statutory corporation, a company or other enterprise referred to in sub- section (b) and wholly owned by it; (d) the National Investment (Unit) Trust; (e) and ICP mutual Fund; (f) a recognized President Fund; (g) any Unit Fund maintained by the Defence Services, including the Civil Armed Forces; (h) a Zakat Fund; (i) an institution, fund, trust, endowment or society:- (a) registered as a Charitable organization under the Societies Registration Act, 1860 (XXI of 1860), or as a company under Section 26 of Companies Act, 1913 (VII of 1913), or registered or approved as a charitable or social welfare organization under any other law for the time being in force; and (b) approved by the Azad Jammu and Kashmir Central Board of Revenue for the purposes of Section 47 of the Income Tax Ordinance, 1979 (XXXI of 1979) as adapted in Azad Kashmir; (j) a deeni-madrasah registered as such by the Auqaf Department; (k) a mosque; (l) an orphanage registered as such under the law relating to orphanages;
82 Volume VII (1981 to 1984) (m) a workers participation fund established under the Companies Profits (Workers participation) Act, 1968 (XII of 1968); or (n) amount of a party to a suit or case kept with or under the orders of a Court pending decision of the suit or case. (xxvi) 'Security' means any stock, share, scrip, debenture, bond, pre-organization certificate, or instrument commonly known as security; (xxvii) 'Share' means a share in the share-capital of a company, or in any body corporate established by or under a Federal or Provincial laws, or Pakistan or under any law for the time being inforce in Azad Jammu and Kashmir and includes stock; (xxviii) 'surrender value' means the sum payable by an insurer on cancellation of a life-insurance policy or annuity, according to stipulated terms and conditions, at any time before maturity benefits become available; (xxix) 'survival benefit' means the amount payable according to life-insurance policy conditions, during the currency of a policy, on survival of the life assured to the specified date as stipulated in the policy; (xxx) 'Valuation Date' means,- (a) in respect of assets liable to Zakat, the first day of the Zakat year; and (b) in respect of produce liable to Ushr, such date or dates as may be prescribed or as may be notified by the Chief Administrator, for the valuation of the assets or the produce for the purposes of this Ordinance; (xxxi) 'Zakat Fund' means a Fund established under Section 7; and (xxxii) 'Zakat Year' means year according to the Hijra calendar for which Zakat is chargeable, commencing on the first day of Remadhan-ul-Mubarak and ending with the last day of the following sha'ban-ul-Moazzam: Provided that the first Zakat year shall commence with the commencement of this Ordinance and end with the last day of sha'ban-ul-Mo’zazam 1401 A.H.
83 Volume VII (1981 to 1984) CHAPTER-II: ZAKAT 3. Charge and collection of Zakat.- (1) Subject to the other provisions of this Ordinance, Zakat in respect of assets mentioned in the First year, at the rates and in the manner specified therein, and as may be prescribed, from every person which is on the Valuation Date, and has for the preceding Zakat year been sahib-e-Nisab: Provided that where an assets mentioned in the First Schedule has been assigned by the person owning or possessing it, in favour of another person, Zakat in respect of that asset shall be charged and collected on compulsory basis as the asset had not been so assigned: Provided further that, if an arrest was owned or possessed by a person on the valuation date but is owned or possessed by some other person on the Deduction Date, the Zakat on such asset shall be charged and collected from such other person on behalf of the person owning or possessing it on the Valuation Date: Provided further that, if a person proves in the prescribed manner to the satisfaction of the Local Committee of locality where he ordinarily resides that he was not a sahib-e-nisab on the Valuation Date or was not in ownership of possession or assets of the value of nisab for the whole of the preceding Zakat years, Zakat shall not be so charged and collected from him, or if collected shall be refunded to him in the prescribed manner; Provided further that no Zakat shall be charged and collected from the assets of a person who died on or before the Deduction Date; (2) In determining the amount to be collected as Zakat on Compulsory basis, the value of an asset on which Zakat is deductible, only on account of debts which have been; (a) Primarily secured by that asset; (b) used for the creation of an asset on which Zakat is deductible at source; and (c) obtained from the Deducting Agency having custody of the asset securing the debt and of the assets created under clause (b). (3) Where a person from whom Zakat has been deducted at source: (a) Proves that:
84 Volume VII (1981 to 1984) (i) he is not a Muslim, or (ii) he is not a State Subject of Azad Jammu and Kashmir, or (iii) that amount deducted from him is more than what is due under this Ordinance either on account of an error apparent from the record, or on account of reduction provided for in sub- section (2) not having been duly allowed to him, or (iv) he falls under any of the exclusion given in sub- clauses (a) to (n) of clause (xxv) of Section 2, or (b) proves, as laid down in the third proviso to sub-section (1) that he is not a sahib-e-nisab or was not in ownership or possession of nisab for the whole of the preceding Zakat year, or (c) files a declaration such as is referred to in the second proviso to sub-section (3) Shariat Court under sub- section (4) of that section, and claims refund, the amount so deducted or, as the case may be, the amount so deducted in excess shall be refunded to him in the prescribed manner. (4) Where the recovery of Zakat deductible at source, in respect of any of the assets mentioned in the First Schedule, falls into arrears, the Chief Administrator may forward to the Collector of the District Concerned a duly signed Certificate specifying the amount of arrears due and the particulars of the person from whom due, and the Collector shall, on receipt of such certificate, proceed to recover the amount so specified, as if it were an arrear of land revenue. (5) A ‘sahib-e-nisab’ may pay either to a Zakat Fund or direct to those eligible under Shariah to receive Zakat so much of the Zakat due under Shariah as is not deductible at source under this Ordinance, for example, that due in respect of assets mentioned in the Second Schedule. (6) Any amount deducted at source by the Deducting Agency from any person shall be treated as payment of Zakat on behalf of such person, in the case of a person referred to in sub- section (3) of Section 1, as contribution of Zakat fund or Sadaqah or Khirat in the name of Allah, as the case may be, on the part of that person.
85 Volume VII (1981 to 1984) 4. Secrecy of Information.- Any information furnished or collected in connection with the deduction of Zakat at source under this Ordinance shall be treated as secret and shall not be used for any other purpose, including the assessment or collection of any tax. CHAPTER-III: USHR 5. Charge and collection of Ushr.- (1) Subject to the other provisions of this Ordinance, there shall be charged and collected, on compulsory basis, in such manner as is laid down in Section 6, and as may be prescribed, from every land-owner, grantee, allotee, lessee, lease holder or land holder (other than a person excluded from the definition of "sahib-e-nisab") Ushr at the rate of five percent of his share of produce, as on the Valuation Date: Provided that if any plot of land is used principally for growing one crop and a small portion thereof, not exceeding one-fourth of an acre, is used for growing another crop, Ushr shall not be charged in respect of the produce of such small portion. Explanation.- In this section and Section 6, 'land- owner'. 'grantee', 'allottee', lessee', 'lease-holder' and 'land-holder' shall have the same meaning as in the laws relating to land administration and 'land-holder' includes a person in possession of any plot of land who has grown a crop on such plot. (2) An individual land-owner, grantee, allottee, lessee, lease-holder nor landholder shall be exempted from the compulsory levy of Ushr if:- (a) he is eligible under shariah to receive Zakat; or (b) the produce from his land is less than five 'wasqa' (948 Kilograms) of wheat, or its equivalent in value in the case of other crops liable to Ushr. (3) The currency equivalent of five 'wasqa' of wheat in value shall be such as may be notified for each Zakat year by the Chief Administrator. (4) Ushr shall be the first charge on the produce. (5) Ushr shall be collected in cash; Provided that, where the produce consists of wheat, paddy or maize, Usher, at the option of the Council, may be collected in kind.
86 Volume VII (1981 to 1984) (6) A 'sahib-i-naisab' may pay either to the Local Zakat Fund or directly to those eligible under Shariah to receive Zakat, so much of the Ushr due under Shariah is not compulsorily realisable under this Ordinance, for example in respect of item 9 of the Second Schedule. 6. Mode of assessment and collection of Ushr.- (1) A local Committee shall be supplied by the Revenue Department, and such other department or official agency or any other person as may be determined by the Chief Administrator, in respect of a land-owner, grantee, allottee, lessee, lease-holder or land holder in the locality, in the prescribed form and manner, with the record containing such information for a crop season as may be required for the purposes of this Ordinance. (2) An assessee may compute his Ushr liability on self- assessment basis and communicate the same to the Local Committee in such form and manner as may be prescribed and, while so computing his Ushr liability shall be entitled to reduce as an allowance for expenses on production one-fourth of the total value of his produce. (3) If the Local Committee finds that an assessee's self- assessment of his Ushr liability is acceptable, it shall notify it to the assessee as the Ushr demand of that assessee. (4) Where an assessee fails to communicate to the Local Committee his self-assessment of Ushr liability under sub- section (2), or a Local Committee does not find the self- assessment of the Ushr liability by an assessee acceptable under sub-section (3), the Local Committee shall, subject to such guidelines and instructions as may be given by the Council or, if so authorised by the Council, by the District Committee after taking into consideration the information furnished to it under sub-section (1) and any other information that it may deem relevant, adopting such procedure as it may deem fit, and allowing the reduction provide for in the prescribed form and manner, its own assessment of Ushr realisable on compulsory basis under this Ordinance, and notify the demand to the assessee. (5) In the case of a lease in force immediately before the commencement of this Ordinance, the liability of the lessor and the lessee to pay Ushr shall be equitably apportioned between them by the Local Committee. (6) An assessee aggrieved by the assessment under sub- section (4) or, as the case may be, the lessor or the lessee aggrieved by the apportionment under sub-section (5), may, 87 Volume VII (1981 to 1984) within such time as may he prescribed, apply in the prescribed form and manner to the Local Committee for a review of the assessment or, as the case may be, the apportionment. (7) The Local Committee shall, within such time as may be prescribed, give its decision on the application for review, and such decision shall be final and shall not be questioned before any Court or other authority. (8) The demand as determined under sub-section (3), or, as the case may be, under sub-section (4) or sub-section (7), shall be paid by the assessee and collected by the Local Committee in such manner as may be prescribed. (9) Where the recovery of Ushr compulsorily realisable under this Ordinance falls into arrears, the Chairman of the Local Committee shall forward to the Collector of the district concerned, a duly signed certificate specifying the amount of arrears due and the particulars of the person from whom due and the Collector shall, on receipt of such certificate, proceed to recover the amount so specified as if it were an arrear of land revenue. CHAPTER-IV: ZAKAT FUNDS 7. Establishment of Zakat Fund.- There shall be established the following Zakat Fund, namely:- (a) a Azad Kashmir Zakat Fund to which shall be credited:- (i) the Zakat deducted at Source; (ii) the Zakat paid into it voluntarily; (iii) the transfers, if any, from the Local Zakat Funds; and (iv) the grants, ATIYYAT and other receipts; (b) a Local Zakat Fund for each Local Committee to which shall be credited: (i) the proceeds of Ushr; (ii) the Zakat paid into it voluntarily; (iii) the transfers to it from the Azad Kashmir Zakat Fund; and (iv) the grants, ATIYYAT and any other receipts. 8. Utilization of Zakat Funds.- The money in a Zakat Fund shall be utilized for the following purposes, namely:
88 Volume VII (1981 to 1984) needs of the needy and the poor throughout its jurisdiction, as far as possible, on a uniform basis. (2) A Local Committee shall disburse, or incur expenditure from the Local Fund, in the prescribed manner, for authorised purposes within the locality, particularly for the benefit of the individuals directly or indirectly under clause (a) of Section 8: Provided that a Local Committee mayor, if so required by the Council, shall transfer from the Local Zakat Fund to the Azad Kashmir Zakat Fund, funds surplus to its needs. 10. Accounts.- (1) The accounts of the Azad Kashmir Zakat Fund, and a Local Zakat Fund shall be maintained and operated, respectively, by the Chief Administrator, and the Local Committee, in such form and manner as may be prescribed. (2) The records of the accounts of the Zakat Funds shall be preserved for such period, and shall be made available for audit or inspection to such persons or agencies, and in such manner, as may be prescribed. 11. Audit.- (1) To carry out audit of the Azad Kashmir Zakat Fund annually or at shorter intervals, the Council, shall appoint auditors, being persons who are, in its opinion, qualified for the purpose. (2) To carry out audit of the Local Zakat Funds within a district annually or at short intervals, the District Committee shall appoint auditors being persons who are, in its opinion, qualified for the purpose. (3) The audit performed by auditors under sub-sections (1) and (2) shall include propriety audit. (4) The annual report of the Auditors on the Azad Kashmir Zakat Fund shall be laid before the Legislative Assembly and that on a Local Zakat Fund before the District Council on concerned, established under the law relating to Local Government. (5) Nothing in this Section shall be deemed to prevent: (a) the Auditor-General of Azad Jammu and Kashmir from auditing any of the Zakat Funds; (b) the Council from getting audited any of the Local Zakat Fund; or (c) a Local Committee from getting its own Local Zakat Fund audited.
89 Volume VII (1981 to 1984) CHAPTER-V ORGANIZATION AND ADMINISTRATOIN 12. Zakat Council.- (1) The Government shall, by notification in the official Gazette, establish a Zakat Council to provide policy guideline for, and to exercise general superintendence and control on matters relating to Zakat and Ushr, particularly the Zakat Fund and maintenance of their accounts. (2) The Council shall consist of: (a) a Chairman; (b) four persons, of whom there shall be Ulema, to be nominated by the President in consultation with the Council or Islamic Ideology; (c) four persons, one from each District, to be nominated by the President; (d) the Secretary to the Government in the Finance Department; (e) the Secretary to the Government in the Ammoor-i- Deenia Department; and (f) the Chief Administrator, who shall also be the Secretary to the Council. (3) The Chairman of the Council shall be a person who is, or has been a Judge of the High Court, to be nominated by the President in consultation with the Chief Justice of the High Court. (4) The Chairman and the other members of the Council, not being an ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member, not being an ex-officio member, may, by writing under his hand addressed to the President resign his office: Provided that he shall continue to hold office until his resignation is accepted by the President. (6) Any vacancy in the office of Chairman or a member, other than an ex-officio member, shall be filled by the nomination, in accordance with sub-section (2) or sub-section (3), as the case may be, of a person qualified to hold the office. (7) The Chairman or member nominated under sub-section (6) shall hold office for the unexpired term of his predecessor.
90 Volume VII (1981 to 1984) 13. Chief Administrator.- (1) For carrying out the purposes, of this Ordinance, there shall be appointed by the Government a Chief Administrator. (2) The Chief Administrator shall have such status, grade, tenure and other terms and conditions of service as may be determined by the Government. (3) The Chief Administrator shall act under the general superintendence and control of and in accordance with the policy guidelines given by the Council and perform such function as are assigned to him by or under this Ordinance. 14. District Zakat and Ushr Committee.- (1) In each district a District Zakat and Ushr Committee shall be constituted by the Council. (2) The District Committee shall, subject to such guideline as may be given by the Council: (a) Oversee, generally, the functioning of, and, more particularly, the assessment of Ushr and the collection of Zakat, Ushr and ATIYYAT, and the disbursement and utilization of the moneys in the Local Zakat Funds by the Local Committee in the district; (b) for the purposes mentioned in clause (a), make plans for the district, in such form and manner as may be prescribed; (c) Compile accounts of the Local Zakat Funds, for the District, in such form and manner as may be prescribed; (d) Arrange in the prescribed manner, audit of the Local Zakat Funds in the district; and (e) Tender to the Council advise on any matter specified by it. (3) The District Zakat and Ushr Committee shall consist of:- (a) Chairman, The Chairman of the District Council shall be the Chairman of the District Zakat and Ushr Committee; (b) Deputy Commissioner of the District; (c) One representative of each Markaz Council who shall be elected by the members of the Markaz Zakat and Ushr Committee; (d) The Chairman of the Municipal/Town Committee: Provided that, in any District where there is a District Social Weir, Officer appointed by the
91 Volume VII (1981 to 1984) Government, the District Committee may co-opt him as an ex-officio member of the Committee. (4) The District Committee so constituted shall be duly notified by the Council. (5) The Chairman and other members of the District Committee not be the ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for similar term. (6) The Chairman or a member, not being the ex-officio member, may by writing under his hand addressed to the Council, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Council. (7) Any vacancy in the office of Chairman or a member other than the ex-officio member, shall be filled in accordance with clause (c) of sub-section (3) by a person qualified to hold the office; (8) The Chairman or member nominated under sub-section (7) shall hold office for the unexpired term of his predecessor. 15. Markaz Zakat and Ushr Committee.- (1) There shall be constituted a Markaz Zakat and Ushr Committee in each Markaz. (2) The Markaz Zakat and Ushr Committee shall consist of:- (a) Chairman, who shall be elected by the members of the Markaz Council and District Councilors of that Markaz from amongst themselves; (b) Assistant Commissioner/Tehsildar; (c) The members of the Markaz Council; (d) The members of District Council elected from that Markaz. (3) The Markaz Committee so constituted shall be duly notified by the District Committee concerned. (4) The Chairman and member of a Markaz Committee not being the ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member, not being the ex-officio member, may by writing under his hand addressed to the Markaz Committee, resign his office; Provided that he shall continue to hold office until his resignation is accepted by the Markaz Committee. 92 Volume VII (1981 to 1984) (6) Any vacancy in the office of Chairman or member, other than the ex-officio member, shall be filled by the election, in accordance with clauses (c) and (d) of sub-section (2). (7) The Chairman or the member elected under sub-section (6) shall hold office for the unexpired term of his predecessor. 16. Local Zakat and Usher Committee.- (l) A Local Zakat and Ushr Committee shall be constituted for: (a) each revenue estate in settled area; (b) each deh or village in non-settled rural area; and (c) each ward in urban area: Provided that, if in the opinion of the Council, the population of a revenue estate, deh or village is too large or too small to have one Local Zakat and Ushr Committee such revenue estate, deh or village may be divided into two or more localities or grouped with any other revenue estate, deh or village to form one locality. Explanation.- In this sub-section:-- (a) 'Urban area' means an area within the local limits of a Municipal Committee or Town Committee; (b) ‘rural area’ means area other than urban area; (c) 'settled rural area' means rural area for which revenue settlement record exists; (d) 'non-settled rural area’ means rural area other than settled rural area; and (e) 'Ward' means a distinct and compact locality, the population of which does not exceed five thousand approximately. (2) A Local Committee shall consist of: (a) in Deh - The Chairman of the Union Council shall be the Chairman of the Local Zakat and Ushr Committee; (b) member of the union Council; (c) the Chairman of Dehi Council. (3) In cities or towns.-- (a) The Chairman of the Municipal or town Committee; and (b) members of the Municipal or Town Committee.
93 Volume VII (1981 to 1984) (4) The Chairman and other members of the Local Committee shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member may, by writing under his hand, addressed to the Local Committee, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Local Committee. (6) Any vacancy in the office of Chairman or member shall be filled by the election in accordance with the provisions of Local Government Rules. (7) The Chairman or the member elected under sub-section (6) shall hold Office for the un-expired term of his predecessor. 17. Member of Council and Committees to be Muslim.- All the members of the Council or Committee shall be Muslims and where the holder of an office, cannot become a member by reason of his not being a Muslim, the President; in the case of Council and the Council in the case of a Committee shall nominate a Muslim member in his place. 18. Vacancy, etc., not to invalidate Acts or proceedings.- (1) Notwithstanding anything contained in this Ordinance:- (a) Council or Committee established or constituted thereunder for the first time shall be deemed to be duly established or constituted even if its strength; is less than the strength specified in this Ordinance by not more than two; (b) The Chairman of a Local Committee holding office immediately before the commencement of this Ordinance shall be deemed to be duly elected as such Chairman. (2) No act or proceeding of a Council or Committee established or constituted under this Ordinance shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of such Council or Committee. 19. Person to preside at meetings in the absence of Chairman.- If the office of Chairman of a Council or Committee established or constituted under this Ordinance is for the first time being vacant, or the Chairman is absent from a meeting of the Council or Committee, the meetings thereof or, as the case may be, the meeting from which the Chairman is absent, shall be presided at:-
94 Volume VII (1981 to 1984) (a) in the case of a Council, by the Secretary Zakat and Ushr Department; (b) in the case of a District Committee, by the Deputy Commissioner; (c) in the case of a Local Committee, by the member elected by the member present. 20. Vote of no confidence against the Chairman or a Markaz Committee or a Local Committee or the member or a Local Committee.- (1) Where in case of a Markaz Committee or of a Local Committee, the District Committee after such inquiry as it may deem fit, is of the opinion that the members of that Committee no longer have confidence in the Chairman, the District Committee may, in the prescribed manner, remove the Chairman from his office. (2) Where in the case of a member of a Local Committee, the District Committee, after such enquiry as it may be deem fit, is of the opinion that the adult Muslim residents of the locality no longer have confidence in the member, the District Committee may, in the prescribed manner, remove the member from his office. (3) The vacancy in the office of Chairman or member so caused shall be notified by the District Committee and shall be filled in accordance with the provisions of this Ordinance. 21. Power of supersession and removal.- (1) If, after such inquiry as may be necessary, the Council is of the opinion that a Committee constituted under this Ordinance: (a) is unable to discharge or persistently fails in discharging its duties; or (b) is unable to administer its affairs; or (c) acts in a manner contrary to public interest; or (d) otherwise exceeds or abuses its powers, the Council may, by a resolution, declare the Committee to be superseded for such period not exceeding one year as may be specified in the resolution; Provided that the period of supersession may, if the Council considers it necessary to do so, be extended beyond a period of one year. (2) When a resolution is passed under sub-section (1) in respect of a Committee:
95 Volume VII (1981 to 1984) (a) the persons holding office as Chairman and members of the Committee to which the resolution relates, shall cease to hold office; (b) all functions of the Committee shall, during the period of supersession; be performed by an administrator, not being an official, appointed by the Council; and (c) before the expiry of the period of supersession, elections shall be held and selection or nominations made in accordance with the provisions of this Ordinance to re- constitute the Committee. (3) If, after such inquiry as may be necessary, the Council is of the opinion that the Chairman or a member of a Committee constituted under this Ordinance:- (a) was at the time of his selection, election or nomination:- (i) not a Muslim; (ii) not an adult; (iii) not a resident of the area within the jurisdiction of the Committee; (iv) an undischarged insolvents; or (v) not of sound mind; (b) has been during the period of three years preceding the date of his selection, election or nomination: (i) ordered to execute a bond under Section 108, 109 or 110 of the Code of Criminal Procedure, 1898; or (ii) convicted for an offence, involving moral turpitude; or (iii) declared GOONDA under the law relating to the control of Goondas; (c) has after this selection, election or nomination, incurred any of the disqualifications referred to in sub-clauses (i), (iii), (iv), or (v) of clause (a) or sub-clauses (i), (ii), or (iii) of clause (b); (d) has, without reasonable excuse, absented himself from three consecutive meetings of the Committee; (e) has been guilty of abuse of power of or misconduct in the discharge of his duties as Chairman or member, or been responsible for any loss or misapplication of any money or property of the Committee; or 96 Volume VII (1981 to 1984) (f) has become physically disabled from performing functions as Chairman or member, the Council may, by a resolution. remove such Chairman or member from office. Explanation.- For the purposes of clause (e), 'mis-conduct' means bribery, corruption, robbory. favouritism, nepotism, willful maladministration or willful diversion of funds, and includes any attempt, at or abetment of, such mis-conduct. (4) When the Chairman or member of a Committee is removed from, or otherwise ceases to hold office, the vacancy in the office of such Chairman or member shall be filled within such time as the Council may determine, by the election, selection or nomination, as the case may be, in accordance with the provisions of this Ordinance, of a person qualified to hold the office. (5) The Chairman or member ejected, selected or nominated under sub-section (4) shall hold office for the un-expired term of his predecessor. (6) The Council may delegate to a District Committee all or any of its powers under the preceding provisions of this section in respect of a Committee other than a District Committee. (7) The Chairman or a member of a Committee superseded under sub-section (1), or a Chairman or member removed from office under sub-section (3), may, within such time, and in such form and manner, as may be prescribed, apply to the Council for a review of its decision; and the decision of the Council in such review, given after giving to the applicant an opportunity of being heard shall be final and shall not be called in question before any Court or other authority. Explanation.- In this sub-section, reference to 'Council' shall, where the powers of the Council arc exercised by a District Committee in pursuance of sub-section (6), be construed as a reference to District Committee. 22. Officers and staff.- The administrative organization of the Chief Administrator shall be a Department or a part of a Department of the Government and, except where otherwise provided in this Ordinance, to enable the Committee, constituted under this Ordinance to perform their functions, such officers and staff may be appointed on such terms and conditions, and by such authorities, as may be prescribed. 23. Certain persons to be public servants.- Every person engaged in, or employed for the administration of this Ordinance shall be 97 Volume VII (1981 to 1984) deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860). CHAPTER-VI: MISCELLANEOUS 24. Exemption.- The Government may, in consultation with the Council of Islamic Ideology, except, by notification in the official Gazette, any specified class of cases or persons from payment of compulsory levy of Zakat or Usher. 25. Certain tax concessions.- Notwithstanding anything contained in any other law for the time being in force:- (a) in determining the tax liability of an assessee for an assessment year: (i) under the Income Tax Ordinance, 1979 (XXXI of 1979) his taxable income shall be reduced by the amount paid by him to a Zakat Fund, during the previous year relevant to that assessment year; and (ii) under the Wealth-Tax Act, 1963 (XV of 1963), his assets in respect of which Zakat or contribution in lieu thereof, has been deducted at source during the year relevant to that assessment year shall be excluded from his taxable wealth; and (b) land revenue and development cess shall not be levied on land the produce of which Ushar or contribution in lieu thereof, has been charged on compulsory basis. (2) Nothing in the preceding sub-section shall be deemed to affect the liability to pay income tax, wealth tax, land revenue or development cess in respect of any period preceding the enforcement of the relevant provisions of this Ordinance. 26. Power to make rules.- The Council may by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. 27. Power to call for information and issue directions.- The Council, the Chief Administrator, a District Committee or a Local Committee, may, within its or his jurisdiction call for such information or record from, and issue such directions to, the concerned persons or agencies as may be necessary for the performance of its or his functions under this Ordinance. 28. Indemnity and Bar of jurisdiction.- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything
98 Volume VII (1981 to 1984) in good faith done or intended to be done under this Ordinance or any rule. (2) No Court shall call in question, or permit to be called in question, anything done or any action taken under this Ordinance or any rule. (3) No Court shall grant any injunction or make any order, nor shall entertain any proceedings in relation to anything done or intended to be done or any action taken or intended to be taken under this Ordinance or any rule. 29. Removal of difficulties.- The Government may, make such provisions as may be necessary to remove any difficulty in carrying out the purposes of this Ordinance. 30. Repeal.- The Zakat and Ushr (Amendment) Ordinance, 1981 (Ordinance VI of 1981) is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
99 Volume VII (1981 to 1984) FIRST SCHEDULE (See Section 2 and 3) ASSETS SUBJECT TO COMPULSORY LEVY OF ZAKAT THROUGH EDEUCTION AT-SOURCE FOR CREDIT TO THE AZAD KASHMIR ZAKA T FUND: Sr. Assets Rate and basis for The Deducting No. computing the Deduction Agency amount to be date deducted at Zakat 1 2 3 4 5 1 Saving Bank 2.5% of the amount As notified by The bank, office Accounts and standing to the credit the Chief Ad- Centre, or similar accounts by of an account at the ministrator for institution as the whatever name commencement of the the Zakat year. case may be described (ex- day on the Valuation keeping the cluding foreign date. (No deduction account. currency accounts) shall be made in case with the banks the amount standing to operating in Azad the credit of an Jammu and account does not Kashmir, post exceed the amount office, National notified by the Chief Savings Centres Administrator. and financial institutions keeping such accounts. 2 Notice Deposit 2.5% of the face value The date on The bank, office Receipts and of a receipt or the which the first Centre or in- accounts and amount standing to the return is paid stitution as the similar receipts and credit of an account as or the date of case may be accounts by the case may be it the encashment/wit issuing the whatever name commencement of the hdrawal, receipt or described day on the Valuation whichever be keeping the (excluding foreign Date, in each Zakat earlier in the account, and currency receipts year. Zakat year. responsible for and accounts) with paying the the banks operating return or the in Azad Jammu amount and Kashmir post encashment/with offices, National drawn. Savings Centre and. Financial institutions issuing such receipts and keeping such accounts. 3 Fixed Deposit 2.5% of the face value The date on The bank, Receipts and of a receipt or a which the first office, Centre or accounts and certificate, or the return is paid, institution, as similar receipts and amount standing to the or the date of the case may be, accounts (ex- credit of an account, encashment/ issuing the cluding foreign as the case may be, as redemption/wit receipt or currency and at the commencem-ent hdrawal, certificate or 100 Volume VII (1981 to 1984) accounts) and of the day on the whichever is keeping the certificates (e.g. Valuation Date, in earlier in the account, and Khas Deposit each Zakat year. Zakat year. responsible for Certificates), by paying the whatever name return, or described, issued encashment/ by the banks redemption/ operating in Azad withdrawal. Jammu and Kashmir post office, National Savings Centres and financial institutions, on which return is receivable by the holder periodically or is received earlier than mat- urity. 4 Savings/deposit 2.5% of the payable The date on The bank, certificates (e.g. value of certificates or which the office, Centre, Defence Savings receipts or the amount value of institution, Certificates, standing to the credit maturity is corporation or National Deposit of an account, as the paid, or of company, as the Certificates), case may be as on the encashment/ case may be, receipts and Valuation Date. withdrawal, responsible for accounts by which-ever be paying the whatever name earlier in the return or the described, issued or Zakat year. amount kept by the banks withdrawn, or operating in Azad re-deeming/ Jammu and Kash- encashing the mir, post offices, certificates or National Savings receipts. Centres, financial institutions, statutory cor- porations and companies, on which return is receivable and is received by the holder, only on maturity or encashment. 5 Units of the 2.5% of the The date on The Trustee of National In- repurchase value of which the first the National vestment (Unit) the Units as on the return or the Investment Trust. Valuation Date in each repurchase (Unit) Trust or Zakat year. value is paid, its authorised whichever be agent paying the earlier in the return on, or the Zakat year. repurchase value of, the Units. 101 Volume VII (1981 to 1984) 6 I.C.P. Mutual fund 2.5% of the face The date on Investment Certificates. value, of the market which the first Corporation of value based on the return is paid Pakistan. closing rate at the in the Zakat Karachi Stock year. Exchange, whichever be lower as on the Valuation Date in each Zakat year. 7 Government 2.5% of the face value The date on The bank, office securities (other of the Government which the first or institution as than prize bonds securities as on the return is paid the case may be, and certificates Valuation Date in each or the date of responsible for mentioned at serial Zakat year. encashment/ paying the number 3 and 4 on redemption, return or which return is whichever be encashing/ receivable by the earlier in the redeeming the holder periodically. Zakat year. security. 8 Securities If listed on the stock The date on The corporation, including shares exchange, 2.5% of the which the first company or and debentures of paid-up value or return is paid institution, as companies or market value based on or the date of the case may be, statutory the closing rate at the encashment/ responsible for corporations Karachi Stock redemption paying the (excluding those Exchange, whichever whichever be return or held in the name of be lower as on the earlier in the encashing/ a company or a Valuation Date, in Zakat year. redeeming the statutory each Zakat year. security. corporation and those mentioned at If not listed on the serial number 5, 6 stock exchange, 2.5% and 7), on which of the paid up value on return is payable the valuation date, in periodically or each Zakat year. otherwise, and is paid 9 Annuities 2.5% of the aggregate The date of The insurer. amount of annuity first payment benefit in each Zakat of the annuity year or 2.5% of the benefit, or of surrender value on the the surrender Valuation Date, as the value, case may be. whichever be earlier in the Zakat year. 10 Life insurance 2.5% of the payable The date of The insurer. policies value on maturity or payment of of surrender value as value on on the Valuation Date maturity or of in the Zakat year in survival benefit which the policy or of surrender matures or its survival value. benefit or surrender value is paid, as the case may be. 102 Volume VII (1981 to 1984) 11 Provident Funds. In case of non- The date of The authority, refundable advance payment of the officer or 2.5% of the amount advance or of institution drawn or, in case of balance. making payment final settlement, 2.5% of the advance of the balance or of the standing to the credit balance. of the subscriber as on the Valuation Date, excluding in both case the employers’ contribution and the return accrued thereon. Note:- 1. Deduction at source exceeding two and one-half per cent of the value of an asset specified in this Schedule, shall not be made in respect of that asset within the same Zakat year. 2. No Zakat shall be charged on the amount paid as premium of a Life Insurance policy of a person from his Provident Fund and where the proceeds of a life insurance policy of a person are credited to his Provident Fund during the Zakat year, Zakat shall be charged on the amount received or drawn during that year as final settlement of his account in the Provident Fund or as non-refundable advance, to the Extent of the proceeds so credited. 3. If the amount to be deducted at source at Zakat, in a particular case, is less than a rupee, it shall not be a charged, and if it is more than rupee but has a fraction of a rupee, fifty paisas and more shall be treated as the next higher rupee and less than fifty paisas shall not be charged. Where the entire amount of the return/balance/ settlement of annuity benefit is to be appropriated towards Zakat, and the amount contains a fraction of a rupee, this fraction shall not be so appropriated. 4. The Deduction Date for serial number 1 shall be deemed to be a public holiday, for banks only, within the meaning of the Negotiable Instruments Act, 1881 (XXVI of 1881) Banks shall, however, remain open for their employees. 5. In case the amount of the first return on any of the assets specified at S.No. 2, 3, and 5 to 8, or the first installment of the annuity benefit, is less than the Zakat due, the entire amount of such return or installment shall be appropriated towards Zakat and the unrealized balance shall be deducted from the subsequent returns or instalments paid during the same Zakat year or, as the case may be, from the encashment or surrender value.
103 Volume VII (1981 to 1984) SECOND SCHEDULE (See Section 2, 3 (5) and 5) Items not subject to compulsory levy of Zakat but on which Zakat is payable by every Sahib-e-Nisab According to the relevant nisab, on self-assessment basis, either to Zakat Fund or to any individual or institution, eligible, under the shariah, to receive Zakat Sr. Item Rate and basis for self- No. assessment 1 2 3 1 Gold and sliver and manufactures 2.5% of the market value, as on thereof. the valuation date 2 Cash 2.5% of the amount as on the Valuation date. 3 Price bonds 2.5% of the face value, as on the valuation date. 4 Current accounts and, foreign 2.5% of the value of asset, as on currency accounts and, to the the valuation date. Extent not subject to compulsory levy of zakat under the First Schedule, other accounts, certificates, receipts, units of National Investment (unit) Trust, ICP-Mutual Fund Certificates), Government securities, annuities, life insurance policies and provident funds. 5 Loans receivable, excepting loans 2.5% of the amount of loan receivable by banks, other receivable, as on the valuation financial institutions, statutory date. corporations and companies. 6 Securities including shares and If listed on the stock exchange debentures, to the Extent not 2.5% of the market value (i.e. the subject to compulsory levy of closing rate at the Karachi stock Zakat under the first Schedule. exchange), as on the valuation date. If not listed on the stock exchange, 2.5% of paid-up value, as on the valuation, date. 7 Stock-in-trade of; (a) Commercial undertakings (a) 2.5% of the cash value, or at (including dealers in real the option of the sahib-e- estate). nisab, the market value, as on the Valuation date. (b) Industrial undertakings (b) 2.5 % of the book value, or, at the option of the sahib-e- nisab, the market value of raw materials and finished goods, as on the Valuation date. 104 Volume VII (1981 to 1984) (c) Precious metals and stones (c) 2.5% of the market value, as and manufactures thereof. on the Valuation date. (d) Fish and other catch/produce (d) 2.5% of the value, as on the of the sea except catches by valuation date. indigenous techniques. 8 Agricultural (including horticultural and forest) produce: (a) tenant’s share (a) (i) 10% of the produce, as on the Valuation date, in the barani area; and (ii) 5% of the produce, as on the valuation date, in the non-barani area.
(b) Other than the tenant’s shale. (b) (i) 5% over and above the compulsory 5% in the barani area, as on the Valuation date; and (ii) one-fourth of the value of produce allowed as on allowance for expenses on production. 9. Animal (fed free in pastures): (a) Sheep or goats (b) (i) For owners of one to 39 heads: Nil; (ii) For owners of 40 to 120 heads: one sheep/goat; (iii)For owners of 121 to 200 heads: Two sheep/goats; (iv) For owners of 201 to 400 heads: Three sheep/goats; and (v) For owners of every complete additional hundred heads. One sheep/goat, as on the valuation date. (b) Bovine animals. (b) (i) For owners of one to 29 heads: Nil; (ii) For owners of 30 to 39 heads: one Xere old calf; (iii)For owners of 40 to 59 heads: Two years old calf; (iv) For owners of 60 heads and every additional 10 heads: one year old calf for each 30 heads and two year old calf for each 40 heads: as on valuation date.
105 Volume VII (1981 to 1984) (c) Camels (c) (i) For owners of one to 4 heads: Nil; (ii) For owners of 5 to 24 heads: one sheep/goat for every five heads; (iii)For owners of 25 to 35 heads: one she camel between one year and two year old; and (iv) For owners of 36 to 45 heads: one she-camel between two and three years old; and so on, as on the valuation date. 10 Wealth and financial assets other As per shariah. than those listed in schedules, and which Zakat is payable according to Shariah.
106 Volume VII (1981 to 1984)
107 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR,LAW & PARLIAMENTARY AFFAIRS SECRETARRT, MUZAFFARABAD. Dated the 25th February, 1981. No.1225/LD/81. The following Ordinance made by the President on the 25th day of February 1981, is hereby published for general information:- (ORDINANCE XLVII OF 1981) AN ORDINANCE to provide for printing of a health warning on packets of cigarettes WHEREAS it is expedient to provide for printing of a health warning on packets of cigarettes and for matters connected therewith; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- 1. Short title, Extent and Commencement:- (1) This Ordinance may be called the Cigarettes (Printing of warning) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions:- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) ‘Cigarette’ includes Biri; (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (c) ‘Health warning’ means health warning specified in section 3; and (d) ‘Packet’ includes a wrapper or other container. 3. Printing of health warning:- There shall be printed legibly and prominently, both in English and Urdu, on every packet of cigarettes the following health warning namely:-
108 Volume VII (1981 to 1984) “WARNING: Smoking is injurious to health Ministry of Health.” ﺧﺒﺮدار ﺗﻤﺒﺎﮐﻮ ﻧﻮﺷﯽ ﺻﺤﺖ ﮐﮯ ﻟﺌﮯ ﻣﻀﺮ ﮨﮯ۔ وزارﻋﺖِ ﺻﺤﺖ 4. Prohibition to sell etc:- No person shall:- (a) manufacture packets of cigarettes, or (b) sell or offer for sale Cigarettes from packets of cigarettes, or (c) Import or possess or sell or offer for sale packets of cigarettes, on which the health warning is not printed as required by section 3. 5. Penalties:- (1) Whoever contravenes any provision of section 4 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both. (2) Where a Court convicts a person of an offence punishable under sub-section (1) it shall direct that the packets of cigarettes and the cigarettes in respect of which the offence has been committed be forfeited to the Government. 6. Offences by Companies:- If the person contravening any provision of section 4 be a company or other body corporate, every director, manager, secretary other officer or agent thereof shall, unless he prove that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention. 7. Cognizance of offences:- (1) No Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance. (2) No Court shall take cognizance of any offence punishable under this Ordinance except on a complaint made in writing by a Police officer not below the rank of an Assistant Sub-Inspector or an Excise Officer not below the rank of a sub- Inspector or any other officer authorized in this behalf by the Government. 8. Powers to make rules:- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
109 Volume VII (1981 to 1984) 9. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, order or appointments make, proceedings initiated, jurisdiction or powers exercised under the provisions of the Cigarettes (printing of warning) Ordinance 1980 (Ordinance CXCI of 1980) of its succeeding Ordinances issued from time to time shall be deemed to have been validity done, taken, issued, made initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President, Azad Jammu & Kashmir ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
110 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 26th February, 1981 No. 1256/LD/81. The following Ordinance made by the President on the 26th day of February, 1981, is hereby published for general information. (ORDINANCE XLVIII OF 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (I) This Ordinance may be called the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance (Amendment) Ordinance, 1981. (2) It shall come into force at once and shall be deemed to have taken effect on the first day of January, 1980. 2. Amendment of Section 12, Act XVI of 1971.- In the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971) hereinafter referred to as the said Act, in Section 12, in sub-section (1), for the word 'twenty' the word 'twenty-six' shall be substituted. 3. Amendment of Section 13, Act XVI of 1971.- In the said Act, in Section 13, for the words 'Sixty years’, twice occurring the words 'sixty-five years' shall be substituted. 4. Substitution of First Schedule, Act XVI of 1971.- In the said Act, for the First Schedule, the following shall be substituted, namely,-
111 Volume VII (1981 to 1984) THE FIRST SCHEDULE The amount of benevolent grant payable under Section 13, shall be as follows: PAY RANGE Rate of monthly Benevolent Grant In the case of an employee whose Pay last drawn was between:- Rs Rs.
250 and 300 150 301 and 400 175 401 and 500 200 501 and 600 225 601 and 700 250 701 and 800 275 801 and 900 300 901 and 1000 325 1001 and 1100 350 1101 and 1200 375 1201 and 1300 400 1301 and 1400 425 1401 and 1500 450 1501 and 1600 475 1601 and 1700 500 1701 and 1800 525 1801 and 1900 550 1901 and 2000 575 2001 and 2100 600 2101 and 2200 625 2201 and 2300 650 2301 and 2400 675 2401 and 2500 700 2501 and 2600 725 2601 and above. 750
(Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
112 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 1st March, 1981 No. 1359/LD/81. The following Ordinance made by the President on the 1st day of March, 1981, is hereby published for general information. (ORDINANCE XLIX OF 1981) AN ORDINANCE to amend the Notaries Ordinance, 1980 WHEREAS it is expedient to amend the Notaries Ordinance, 1980 (Ordinance CXCV of 1980) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Notaries (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance CXCV of 1980.- In the Notaries Ordinance, 1980 Ordinance CXCV of 1980), in Section 3, the full stop at the end shall be substituted by a colon and thereafter the following proviso shall be added, namely: “Provided that not more than two notaries shall be appointed in each District Head Quarter and one in each Tehsil Head Quarter.” (Muhammad Hayat Khan) President Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
113 Volume VII (1981 to 1984) . L of 1981 . . . . . . . -:
114 Volume VII (1981 to 1984) . . . . . . -; . . . .
115 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th March, 1981 No. 1402/LD/81. The following Ordinance made by the President on the 7th day of March, 1981, is hereby published for general information. (ORDINANCE LI OF 1981) AN ORDINANCE to amend the Council of Islamic Ideology (Constitution) Ordinance, 1981. WHEREAS it is expedient to amend the Council of Islamic Ideology (Constitution) Ordinance, 1981 (Ordinance XXV of 1981) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Council of Islamic Ideology (Constitution) (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance XXV of 1981.- In the Council of Islamic Ideology (Constitution) Ordinance, 1981, (Ordinance XXV of 1981), in Section 3, after sub-section (5); following proviso shall be added and shall be deemed always to have been so added, namely: “Provided that the President may extend the term of office of the Chairman and members and such period not exceeding two years, as he may deem fit.” (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
116 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 8th March, 1981 No. 1523/SL/81. The following Ordinance made by the President on the 8th day of March, 1981, is hereby published for general information. (ORDINANCE LII OF 1981) AN ORDINANCE to provide for speedy trial of certain offences committed or attempted to be committed by the holders of representative offices WHEREAS it is expedient to provide for speedy trial of certain offences committed or attempted to be committed by the holders of representative offices in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance: 1. Short title and Commencement.- (1) This Ordinance may be called the Holders of Representatives Offices (Trial of offences) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context: (a) ‘Assembly' means the Legislative Assembly of Azad Jammu and Kashmir. (b) 'Chief Executive' means the Chief Executive of Azad Jammu and Kashmir; (c) 'Council' means the Azad Jammu and Kashmir Council constituted under the Azad Jammu and Kashmir Interim Constitution Act, 1974; (d) 'Government' means the Azad Government of the State of Jammu and Kashmir;
117 Volume VII (1981 to 1984) (e) 'Holder of Representative Office' means a person who has held at any time during the period from the 1st December, 1970 to the 31st October, 1977; (i) under the Azad Jammu and Kashmir Government Act, 1970, the office of President, Speaker, Minister or Member of the Assembly; or (ii) under the Azad Jammu and Kashmir Interim Constitution Act, 1974, the office of President, Speaker, Prime-Minister, Minister, Advisor of the Council or Member of the Assembly or of the Council: Provided that for the purposes of this Ordinance, any person in respect of whom a nomination paper was filed and he was a candidate for the elections to the Assembly, which were held in the year 1970, 1975 or were to be held at any time during the year 1977 or any person who has, at any time, been a Presidential Assistant, Advisor to President, Advisor or Special Assistant to Prime Minister, during the period December, 1970 and August, 1977, shall be deemed to be a holder of representative office. (f) 'President' means the President of Azad Jammu and Kashmir; (g) ‘Scheduled Offence’ means an offence specified in the Schedule; (h) ‘Special Court’ means a Special Court established under this Ordinance; (i) ‘Supreme Court’ means the Supreme Court of Azad Jammu and Kashmir. 3. Ordinance not to derogate from other laws.- The provisions of this Ordinance shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any holder of representative office from any proceeding which might, apart from this Ordinance, be instituted against him. 4. Establishment of Special Court.- (1) The President may, by notification in the official Gazette, establish one or more Special Courts for the purposes of this Ordinance.
118 Volume VII (1981 to 1984) (2) Each Special Court shall consist of a person who is or has been a Judge of Supreme Court or High Court. (3) A seat of Special Court established under this Ordinance, or a Special Court established at any time before the commencement of this Ordinance, shall be at Muzaffarabad or at such place as the President may, by notification in the Official Gazette, specify in this behalf. 5. Transfer.- (1) If the President establishes more than one Special Courts, he may, by notification in the Official Gazette, distribute the business among such Courts or direct the transfer of any case from one Special Court to another Special Court, whenever it appears to him that such transfer will promote the ends of justice, or tend to the general convenience of parties or witnesses. (2) The Special Court to which such case is transferred shall deal with the same as if it had been originally presented to, such Court. 6. Offence to be tried by Special Court.- (l) Notwithstanding Anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, a scheduled offence committed by a holder of representative office shall be tried exclusively by a Special Court. (2) No person shall be prosecuted under the provisions of this Ordinance except with the sanction of the Government: Provided that any sanction accorded under the provisions of the Holders of Representative Office (Trial of Offences) Ordinance 1978 (Ordinance VIII of 1978) or its succeeding Ordinances issued from time to time for the prosecution of a holder of representative office in one capacity shall be deemed to included all offices held by him for which he has been or may be prosecuted under the provisions of this Ordinance. (3) Any prosecution sanction accorded at any time after the enforcement of the Holders of Representative Offices (Trial of Offences) Ordinance, 1978 (Ordinance VIII of 1978) shall be deemed to have been validly accorded under this Ordinance and shall be conclusive proof of the fact that it was accorded after due process of the case and that it complies with the provisions of the relevant laws and (4) The provision of sub-section (3) shall apply to all cases including appeals pending before any Court.
119 Volume VII (1981 to 1984) (5) The legality or propriety of any order passed by the Government under this Ordinance shall not be called in question in any Court including a Special Court or the Appellate Court thereof. (6) A person who is convicted for a scheduled offence shall stand disqualified for a period of seven years from being elected or chosen as a member of Assembly or of the Council. 7. Powers and procedure of Special Court.- (1) A Special Court may pass any sentence authorized by law and shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898), on a High Court exercising original jurisdiction. (2) Notwithstanding anything contained in any other law for the time being in force, a scheduled offence shall be tried under the provisions of this Ordinance and a Special Court shall also have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (3) No trial before a Special Court shall be adjourned for any purpose unless the Special Court is of opinion that the adjournment is necessary in the interests of justice, and, in particular, no trial shall be adjourned by reason of the absence of the accused person due to illness, or if the absence of the accused or his Counsel has been brought about by the accused person himself, or if the behaviour of the accused person prior to such absence has been in the opinion of the Special Court, such as it impede the course of justice but, in any such case, the Special Court shall proceed with the trial as it may deem appropriate. (4) A Special Court shall not, merely by reason of a change in its composition, be bound to recall and rehear any witness who has given evidence and may act on the evidence already recorded by or produced before it. (5) A Special Court shall have the powers of a High Curt to punish its own contempt. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), when a person is accused of more offences than one, he may be charged with, and tried at one trial, for any number of them, irrespective of the kind of such offences or of the time at which, or the person in respect of whom, any of them may have been committed. (7) No formal complaint or investigation by a Public Servant sanction for prosecution except under Section 6(2) required by any law relating to the offences mentioned in the Schedule shall be necessary for taking cognizance of an offence 120 Volume VII (1981 to 1984) when the trial is to be held under the provisions of this Ordinance nor any period of limitation prescribed by any law shall bar a trial under this Ordinance. (8) Special Court may convict a person of any scheduled offence proved on the basis of evidence produced before it, notwithstanding the fact that the accused was not charged for the same. 8. Accused person to be competent witness.- Any person charged with a scheduled offence shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person together with him at the same trial; Provided that: (a) he shall not be called as a witness except on his own request; (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against him or any person charged with him at the same trial; (c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless: (i) the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged; or (ii) he has personally or by his pleader asked questions from any witness or the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature of conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for prosecution; or (iii) he has given evidence against any other person charged with the same offence. 9. Public Prosecutor.- The Government may appoint one or more Special Public Prosecutors to conduct the prosecution in a case triable by a Special Court and every such Special Public Prosecutor shall be deemed to be a Public Prosecutor for the
121 Volume VII (1981 to 1984) purposes of the Code of Criminal Procedure, 1898 (Act V of 1898). 10. Appeal.- Any person sentenced by a Special Court under this Ordinance may, within thirty days of the decision of the Special Court, prefer an appeal to the Supreme Court. 11. Appeal in case of acquittal.- The Government may, in any case, direct the Special Public Prosecutor to present an appeal to the Supreme Court within six months from an order or order of acquittal passed by a Special Court under this Ordinance. 12. Bar of Jurisdiction.- Save as provided in Section 10, no Court shall have any jurisdiction of any kind in respect of any order, sentence or proceedings of a Special Court. 13. Power to amend the Schedule.- The Government may, by notification in the official Gazette, omit any entry from, or add any entry to, the Schedule. 14. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of Holders of Representative Offices (Trial of Offences) Ordinance, 1978 (Ordinance VIII of 1978) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. THE SCHEDULE (See Section 2 and 13) 1. Offences punishable under Sections 403 to 406, 409, 417 to 420, 465 to 468, 471 and 477-A of the Penal Code (Act XLV of 1860) and as attempts, abetments and conspiracies in relation thereto or connected therewith. 2. Offences punishable under the Arms Act, 1878 (II of 1878). 3. Offences punishable under the Income Tax Act, 1922 (XI of 1922). 4. Offences punishable under the Official Secret Act, 1923 (XIX of 1923). 5. Offences punishable under the Forest Regulation, 1930 (II of 1930). 6. Offences punishable under the Foreign Exchange Regulation Act, 1947 (VII of 1947).
122 Volume VII (1981 to 1984) 7. Offences punishable under the Official Misdemeanour Act, 1948. 8. Offences punishable under the Prevention of Corruption Act, 1950 and as attempts, abetments and conspiracies in relation thereto or connected therewith. 9. Offences punishable under the Waqf Properties Act, 1960 (IX of 1960). 10. Offences punishable under the Evacuee Property (Multiple Allotment Act, 1961 (I of 1961). 11. Offences punishable under the Public Office (Misconduct) Ordinance, 1965 (X of 1965). 12. Offences punishable under the Legislative Assembly (Elections) Ordinance, 1970 (X of 1970). 13. Offences punishable under the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1979. 14. Offences punishable under the Ministers, Members of Assembly and Council (Declaration of Assets) Ordinance, 1979. 15. Offences punishable under the Azad Jammu and Kashmir transfer of properties (Prohibition), Ordinance 1980. 16. The new Mirpur town Allotment of land, Act, 1964 (Act II of 1964). 17. The Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974).
(Muhammad Hayat Khan) President Azad Jammu & Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law.
123 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 18th March, 1981 No. 1832/LD/81. The following Ordinance made by the President on the 18th day of March, 1981, is hereby published for general information. (ORDINANCE LVII OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1981. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1981, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 24, Ordinance XLV of 1981.- In the Azad Jammu and Kashmir Local Government Ordinance, 1981 (Ordinance XLV of 1981), in Section 24, between the word “vacant” and “and” the words or within such longer period as the Election Commissioner may by, notification in the official Gazette, specify in special cases, shall be inserted and shall be deemed always to have been so inserted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
124 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIRLAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the April 4th, 1981 No. 2269/LD/81. The following Ordinance made by the President on the 4th day of January, 1981, is hereby published for general information:- (ORDINANCE LXVI OF 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Political Parties Ordinance, 1981 WHEREAS it is expedient to amend the Azad Jammu and Kashmir Political Parties Ordinance, 1981, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Political Parties (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 5, Ordinance V of 1981.- In the Azad Jammu and Kashmir Political Parties Ordinance, 1981 (Ordinance V 1981), hereinafter referred to as the said Ordinance in clause (e), in sub-section (4) of Section 5, after the words, cancel its registration, accurring at the end, the words, or as the case may be, revoke declaration made in its favour under sub-section (4) of Section 6, shall be added. 3. Amendment of Section 6, Ordinance V of 1981.- In the said Ordinance for sub-section (1) of Section 6, the following shall be substituted, namely:-
125 Volume VII (1981 to 1984) “(1) Save as expressly provided herein, the provision of Section 5 shall apply mutaits mutandis where a political party seeks or has obtained declaration under sub-section (4).”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
126 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 15th April, 1981 No. 2442/LD/81. The following Ordinance made by the President on the 15th day of April, 1981, is hereby published for general information. (ORDINANCE LXVIII OF 1981) AN ORDINANCE to amend the Zakat and usher Ordinance, 1981 WHEREAS it is expedient to amend the Zakat and Ushr Ordinance, 1981 (Ordinance XLIII of 1981) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-- 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Ushr (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance XLIII of 1981.- In the Zakat and Ushr Ordinance, 1981 (Ordinance XLIII of 1981) hereinafter referred to as the said Ordinance, in Section 2, after clause (xv) the following shall be inserted, namely:- "(xv-a) Tehsil Committee means a Committee constituted under Section 15." 3. Amendment of Section 14 Ordinance XLIII of 1981.- In the said Ordinance for Section 14, the following shall be substituted namely:-- "14. District Zakat and Ushr Committee.- (1) In each district, a district Zakat and Ushr Committee shall he constituted by the Zakat Council. (2) The District Committee shall, subject to such guidelines as may be given by the Council:-
127 Volume VII (1981 to 1984) (a) Oversee, generally, the functioning of, and, more particularly, the assessment of ushr and the collection of Zakat and Ushr and Atyyat, and the disbursement and utilization of the money on the Local Zakat Fund, by the Local Zakat Committees in the District; (b) for the purpose mentioned in clause (a) make plans for the district in such form and manner as may be prescribed; (c) compile accounts of the Local Zakat Fund for the district in such form and manner as may be prescribed; (d) Arrange in the prescribed manner, audit of the Local Zakat Funds in the district; and (e) Tender to the Council advice on any matter specified by it: Provided that, in any district where there is a district social welfare officer appointed by the Government, the District Committee may co-opt him as a member of the committee, Ex-officio. (3) The District Zakat and Ushr Committee shall consist of:- (a) Chairman, The Chairman of the District Council shall be Chairman of the District Zakat Committee; (b) Deputy Commissioner of the District; (c) District Qazi of the District; (d) Chairman of Tehsil Zakat and Ushr Committees of the District; (e) Chairman of the Municipal Committee. (4) The District Committee so constituted shall be duly notified by the Council. (5) The Chairman and other members of the district committee not being the ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (6) The Chairman or a member, not being the ex-officio member may by written under his hand addressed to the Council, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Council.
128 Volume VII (1981 to 1984) (7) Any vacancy in the office of the Chairman or a member other than the ex-officio member, shall be filled in accordance with sub-section (7) of Section __ by a person qualified to hold the office. (8) The Chairman or member appointed under sub-section (7) shall hold office for the unexpired term of his predecessor. 4. Substitution of Section 15 Ordinance XLIII of 1981.- In the said Ordinance of Section 15, the following shall be substituted, namely:- “15. Tehsil Zakat and Usher Committee.- (1) There shall be constitute a Tehsil Zakat and Usher Committee in each Tehsil. (2) Tehsil Zakat and Ushr Committee shall consist of:- (a) Chairman, who shall be elected by the Chairman of the Markaz Committee and District Councilors of that Tehsil from amongst themselves in prescribed manner; (b) Assistant Commissioner/Tehsildar; (c) Tehsil Qazi; (d) Chairman of the Markaz Councils; (e) Chairman of the Town Committees; (d) Chairman of the Markaz Councils; (f) Chairman of the Town Committees. (3) Tehsil Committee so constituted shall be duly notified by the District Committee concerned. (4) The Tehsil Committee, shall, subject to such guidelines as may be given by the Zakat Council, or the District Committee:- (a) Oversee assessment of Ushr and Collection of Zakat, Ushr and Atiyyat and disbursement and utilization of the money in the Local Zakat Funds by the Local Committees in the Tehsil; (b) For the purposes mentioned in clause (a) make plans for the tehsil, in such form and manner as may be prescribed; (c) Compile accounts of the Local Zakat Funds for the Tehsil, in such form or manner as may be prescribed; and
129 Volume VII (1981 to 1984) (d) Tender to the District Committee advice on any matter connected with the collection, disbursement or utilization of Zakat and Ushr. (5) The Chairman and members of the tehsil committee not being ex-officio member shall hold office for a term of three years and shall be eligible for re-election. (6) The Chairman or a member, not being an ex-officio member, may by writing under his hand addressed to the Tehsil Committee, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Tehsil Committee. (7) Any vacancy in the office of Chairman or member, other than an ex-officio member shall be filled by the election of a person qualified to hold the office. 5. Substitution of Section 16, Ordinance XLIII of 1981.- In the said Ordinance, for Section 16 the following shall be substituted, namely:- “16. Local Zakat and Ushr committee:- (1) A Local Zakat and Ushr Committee shall be constituted for:- (a) Each Revenue Estate in settled rural area; (b) Each Deh or Village in non-settled area; and (c) Each Ward in Urban area: Provided that, if in the opinion of the council the population of a revenue estate, deh or village is too large or two small to have one Local Zakat and Ushr Committee, such revenue estate, deh or village may, if too large, be divide into two or more localities, or, if too small, grouped with any other revenue estate, deh or village to form one locality. Explanation.- In this sub-section:- (a) “Urban area” means area within the local limit of a Municipal/Town Committee. (b) “Rural area” means area other than Urban area; (c) “Settled rural area” means rural area for which revenue settlement record exists;
130 Volume VII (1981 to 1984) (d) “Non-settled rural area” means rural area other than settled rural area; and (e) “Ward” means a distinct and compact locality the population of which does not exceed three thousand approximately. (2) The Local Committee shall, subject to such guidelines as may be given by the Zakat Council, District Committee or the Tehsil Committee:- (a) Determine Ushr demand compulsorily realizable under this Ordinance and collect Zakat and Ushr and Atiyyat and disburse and utilize the moneys in the Local Zakat Fund; (b) for the purposes mentioned in clause (a) make plans for the locality; (c) Prepare and maintain accounts of the Local Zakat Fund in such form and manner as may be prescribed; and (d) Tender to the tehsil committee, as the case may be, advice on any matter connected with the collection, disbursement or utilization of Zakat and Ushr. (3) A Local Committee shall consist of not less than seven members:- (a) In Deh.- The following shall be the members of Local Zakat Committee:- (i) Chairman, Vice-Chairman and Members of Dehi Council; (ii) Member/members of Union Council who are resident of the locality; (iii) Not more than three prominent Mutadayyan persons (preferably having administrative experience) of the locality to be selected by the Muslim residents of the locality in the manner specified in sub-section (4). (4) The District Committee shall constitute a team of two or more members to organize a public gathering of the adult Muslim residents of a locality and to call upon them to select, in the prescribed manner, given number of adult Muslims residing in that locality who enjoy their trust to be the members of the Local Zakat Committee.
131 Volume VII (1981 to 1984) Explanation.- The term while selecting the members shall keep in view the list of members of Dehi Council and see that all groups and tribes residing in the locality get due representation in the committee: Provided that a person who is a member of a team constituted for the selection of members of Local Committee shall not be eligible to a member of such Local Committee, and a person who is a salaried employee of Government or of a Local authority, or of a Corporation set-up, owned or controlled by the Government, shall not be eligible to be a member of a Local Committee. (5) The members of a Local Committee as given in sub- section (3) above shall elect one of their members preferably a person who is literate, to be the Chairman of the Local Zakat Committee; and if two or more persons secure and equal number of votes, the result of the election shall be, determined by drawing lots. (6) The Local Committee so constitute shall be duly notified by the District Committee concerned. (7) Any adult Muslim resident of a locality who is aggrieved by the conduct the result of the proceedings for the selection of the members, or the election of the Chairman of the Local Committee concerned may prefer an appeal to the District Committee: Provided that the District Committee shall not grant any injunctions or make any interim order, including a stay order, during the period an appeal is pending. (8) The District Committee to which an appeal under sub- section (7) is preferred shall decided the appeal within such time as may be prescribed; and the decision of the District committee shall be final and shall not be called in question before any Court or other authority. (9) The Chairman and members of the Local Committee shall hold office for a term of three years and shall be eligible for re-election or re-selection, as the case may be. (10) The Chairman or a member may, by writing under his hand addressed to the Local Committee, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Local Committee.
132 Volume VII (1981 to 1984) (11) Any vacancy in the office of Chairman or member shall be filled by the election or selection, as the case may be, of a person qualified to hold the office, in accordance with the provisions of sub-section (4) or as the case may be, sub-section (5). (12) The Chairman, or the member elected or selected, as the case may be, under sub-section (11) shall hold office for the un- expired term of his predecessor.” (Muhammad Hayat Khan) President Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
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136 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 28th April, 1981. No. 2799/LD/81. The following Ordinance made by the President on the 26th day of April, 1981, is hereby published for general information:- (ORDINANCE LXXX OF 1981) AN ORDINANCE to provide for law relating to Court Dress and the Mode of Address in the Superior Courts. WHEREAS it is expedient to provide for law relating to the Court Dress and Mode of Address in the Superior Courts, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Superior Courts (Court Dress and Mode of Address) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In the Ordinance:- (a) “Superior Court” means the Supreme Court of Azad Jammu and Kashmir, the High Court or the Azad Jammu and Kashmir Shariat Court; (b) “Judge” includes the Chief Justice, or in the case of Shariat Court, the Chairman or member thereof. 3. Court Dress etc.- A Judge of a Superior Court shall wear:- (a) While he is attending sittings of the Court, a black sherwani without bands and, during winter, a black gown; and (b) while he is attending State or ceremonial functions, a black sherwani without bands; and, if he uses a
137 Volume VII (1981 to 1984) headgear, it shall be a Quaid (Jinnah) cap of black colour. 4. Mode of address.- The use of the expressions “My Lord” and “Your Lordship” and the like, in relation to a Judge shall be discontinued and he shall only be addressed as “Sir” or “Janab-e- Wala” or “Janab-e-ali” or referred to in judgments, correspondence or other instruments as “Mr. Justice” so and so or the like.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Muhammad Akram Shah) Secretary Law
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140 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW AND PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated the 1st day of May, 1981. No.2895/LD/81. The following Ordinance made by the President on the 1st day of May, 1981, is hereby published for general information:- (ORDINANCE LXXXII OF 1981) AN ORDINANCE to regulate the business of real Estate Agents and Motor Vehicles dealers in Azad Jammu and Kashmir WHEREAS it is expedient to regulate the business of real Estate agents and Motor Vehicles dealers in Azad Jammu and Kashmir in the manner hereinafter appearing ; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, TTHEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- 1. Short title, Extent and Commencement: (1) This Ordinance may be called the Real Estate agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1981. (2) It shall extend to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions:- In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them. (a) ‘Government” means the Azad Government of the State of Jammu and Kashmir; (b) “Motor vehicle” means any propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a tractor, a trailor and a chassis to which a body has not been attached; (c) ‘Motor vehicles dealer” means a person who arranges or negotiates any transaction of sale, exchange, transfer or
141 Volume VII (1981 to 1984) pledge of a motor vehicle in consideration of some commission or other remuneration in cash or otherwise or who deals in sale or purchase of motor vehicles; (d) “prescribed” means prescribed by rules; (e) “real estate” means immovable property, including land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth; (f) “real estate agent” means a person who arranges or negotiates any transaction of sale, exchange, mortgage, lease or tenancy of a real estate in consideration of some commission or other remuneration in cash or otherwise ; and (g) “registering authority” means the District Exercise and Taxation Officer or any other officer notified by the Government for the purpose, in whose jurisdiction the ordinary place of business of the real estate agent or the motor vehicles dealer is situated. 3. Prohibition of business without registration: (1) No person shall engage in or carry on the business of a real estate agent or a motor vehicles dealer unless he is registered with the registering authority and holds a valid certificate issued by such authority: Provided that in the case of a person who is already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance, this provisions shall not be applicable until the expiry of a period of ninety days from the date of such commencement. (2) A person already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance shall apply for a certificate of registration within a period of ninety days from the date of such commencement. (3) If any person already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance fails to apply for a certificate of registration as required under sub-section (2), the registering authority may, instead of taking action against him under the penal provisions of this Ordinance, entertain his application for grant of a certificate of registration on payment of a penalty which shall be Rs. five hundred if the application is made within a period of six months and Rs. one thousand if it is made within
142 Volume VII (1981 to 1984) a period of one year from the date of the commencement of this Ordinance. 4. Disqualification:- No person shall be registered as a real estate agent or a motor vehicles dealer and granted a certificate of registration if he:-- (a) is a minor; or (b) is found to be of unsound mind by a court of competent jurisdiction; or (c) is a declared insolvent; or (d) has been found guilty of criminal misappropriation or criminal breach of trust or cheating or any other offence involving moral turpitude or an abetment of or attempt to commit any such offence by a court of competent jurisdiction; provided that this disqualification will not operate if a period of three years has elapsed since the completion of the sentence imposed on any person in respect of any such offence. 5. Procedure for registration:- (1) A person who wishes to obtain a certificate of registration to engage in or carry on the business of a real estate agent or a motor vehicles dealer shall make an application to the registering authority concerned in such form and manner and on payment of such fee and furnishing of such security as may be prescribed; Provided that such fee shall not be more than rupees two thousand. (2) The registering authority, on being satisfied that the applicant has fulfilled all the requirements and does not suffer from any of the disqualifications laid down in section 4, shall register him as a real estate agent or a motor vehicles dealer, as the case may be, and grant him a certificate in the prescribed form. 6. Renewal of registration:- (1) A certificate of registration issued under section 5 shall be valid for a period of one year only and shall be renewable annually. (2) A real estate agent or a motor vehicles dealer who wishes to get his certificate of registration renewed shall, within thirty days preceding the date of expiry of his certificate, apply to the registering authority concerned in such form and manner and on payment of such fee as may be prescribed: Provided that such fee shall not be more than rupees six hundred. 143 Volume VII (1981 to 1984) (3) The registering authority, on being satisfied that the applicant has fulfilled all to requirements and does not suffer from any of the disqualifications laid down in section 4, shall grant a certificate of renewal of registration in the prescribed form. (4) If a real estate agent or a motor vehicles dealer fails to apply for the renewal of his certificate of registration within the period provided in sub-section (2), the registering authority may, instead of taking action against him under the penal provisions of this Ordinance, entertain his application for renewal of registration on payment of a penalty of rupees one hundred if the application is made within one months and rupees five hundred if it is made within three months of the date when the renewal was due. 7. Fixation of commission:- Government may prescribe maximum rate of commission or remuneration which a real estate agent or a motor vehicles dealer may charge on any transaction of real estate or motor vehicle arranged or negotiated by him. 8. Maintenance of record and account etc:- (1) A real estate agent and a motor vehicles dealer shall maintain such accounts and other record of the transactions arranged, negotiated or made by him and in such manner as may be prescribed. (2) A real estate agent and a motor vehicles dealer shall, as and when required to do so, produce the accounts and other record maintained by him under sub-section (1) before such officer or authority as may be prescribed and shall also supply such information and in such form and within such time as may be required by the authority. 9. Cancellation and suspension of registration:- (1) The registering authority may, by an order in writing, cancel or suspend a certificate for such period not exceeding three months for a first breach and not exceeding six months for a second or subsequent breach, as may be specified in that order, if it is satisfied that a real estate agent or a motor vehicles dealer has committed a breach of any of the conditions of the certificate or has committed any of the following malpractices:-- (i) has maintained or submitted incorrect account of the transactions; (ii) has arranged or negotiated a transaction knowing that there was a defect in the title of the real estate or the motor vehicles; or
144 Volume VII (1981 to 1984) (iii) has charged commission or remuneration at a rate higher than that prescribed: Provided that no such order shall be passed without giving the person concerned an opportunity to show cause within fifteen days from the date of issue of show cause notice. (2) Any person aggrieved by an order passed under sub- section (1) may, within thirty days of the passing of the order, prefer an appeal to the Collector, Excise and Taxation, concerned and the decision of the said Collector shall be final. 10. Offence:- (1) A person who contravenes any of the provisions of this Ordinance shall be punishable with simple imprisonment which may extend to six months or fine which may extend to Rupees five thousand or both. (2) No court shall take cognizance of an offence under this Ordinance except on a complaint made in writing by the registering authority. (3) The offences under this Ordinance shall be bailable. 11. Power to make rules:- Government may make rules for carrying into effect the purposes of this Ordinance. 12. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinances, 1980 (Ordinance CCXX of 1980), or its succeeding Ordinances issued from time to time shall be deemed to have been validily done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President zad Jammu & Kashmir ------Sd/- (Syed Muhammad Akram Shah) Secretary Law
145 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th May, 1981. No. 2997/LD/81. The following Ordinance made by the President on the 7th day of May, 1981, is hereby published for general information:- (ORDINANCE LXXXVI OF 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Local Government Ordinance, 1981. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1981, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make an promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 73, Ordinance XLV of 1981.- In the Azad Jammu and Kashmir Local Government Ordinance, 1981 (Ordinance XLV of 1981), for Section 73, the following shall be substituted and shall be deemed always to have been so substituted, namely:- “73. Joint Committees.- Any Local council may join any other local council or councils, or any other authority or authorities in appointing a joint committee for any purpose in which such councils or authorities may be jointly interested, and may delegate to such joint committee any power which may be exercised by it, including the power to make regulations for the conduct of business.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
146 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th May, 1981. No. 3007/LD/81. The following Ordinance made by the President on the 5th day of May, 1981, is hereby published for general information:- (ORDINANCE LXXXVII OF 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971. WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971) for the purposes hereinafter appearing: AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 7, Act XVI of 1971.- In the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971), after clause (h) the following new clause (i) shall be added, namely:- “(i) to award stipends out of Benevolent Fund to the Children of in service or retired Government Employee.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
147 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 11th May, 1981 No. 3080/LD/81. The following Ordinance made by the President on the 11th day of May, 1981, is hereby published for general information. (ORDINANCE XCII OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Education Cess Act, 1975. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Education Cess Act, 1975 (Act IV of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called Azad Jammu and Kashmir Education Cess (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 2, Act IV of 1975.- In the Azad Jammu and Kashmir Education Cess Act, 1975 (Act IV of 1975) in Section 2, for sub-section (8), the following shall be substituted, namely:- “(8) Cess on issuance and renewal of Arms Licenses.- (1) Rupees five per license on issue or renewal of all type of Arms except pistol, Revolver and muzzle loading. (2) Rupees ten per licence in case of Revolver, pistol and muzzle loading.” (Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
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152 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 31st May, 1981 No. 3677/LD/81. The following Ordinance made by the President on the 31st day of May, 1981, is hereby published for general information. (ORDINANCE XCVII OF 1981) AN ORDINANCE to adapt and enforce the Punjab Weights and Measures (International System) Enforcement Act, 1975. WHEREAS it is expedient to adapt the Punjab Weights and Measures (International System) Enforcement Act, 1975 (Act LII of 1975) in Azad Jammu and Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called Punjab Weights and Measures (International System) Enforcement Act (Adaptation) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Act.- The Punjab Weights and Measures (International System) Enforcement Act, 1975 (Act LII of 1975) hereinafter referred to as the said Act, is hereby adapted in Azad Jammu and Kashmir and shall, as far as practicable be in force in Azad Jammu and Kashmir alongwith all other amendments made, in the said Act and all rules, notifications and orders made thereunder in the Punjab, subject to the modifications that the expression ‘Government’ shall as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and references to the province of Punjab or any part of Pakistan, shall be construed to refer to the Azad Jammu and Kashmir. 3. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Act or this Ordinance, the Government may, from time to time, give such directions as 153 Volume VII (1981 to 1984) appear to it to be necessary for the purpose of removal of such difficulty. 4. Repeal.- On coming into force of the said Act in any area or regarding different classes of goods or classes of undertakings or establishments or commodities etc. as may be notified by the Government, the provisions of the Punjab Weights and Measures Act, 1941 (Act XII of 1941) as applicable to Azad Jammu and Kashmir, shall stand repealed to the Extent.
(Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
154 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 1st June, 1981. No. 3700/SL/81. The following Ordinance made by the president on the 1st day of June, 1981, is hereby published for general information:- (ORDINANCE XCVIII OF 1981) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974 WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that the circumstances exist which render it necessary to take immediate action; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement:- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974:- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in section 6, in sub-section (1), for the words, ‘three' the word 'five' shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974:- In the said ordinance in section 8, between the words, 'person' and 'shall' the words and comma 'other than a Government servant', shall be inserted. 4. Amendment of Section 15, Ordinance IV of 1974:- In the said Ordinance, in Section 15, in sub-section (2) after clause (xi), the following shall be added:- “(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be approved by the Government by a general or special order”.
155 Volume VII (1981 to 1984) 5. Addition of Section 31-A, Ordinance IV of 1974:- In the said Ordinance, after section 31, the following new section 31-A shall be inserted, namely:- “31-A Notwithstanding anything contained in any other law for the time being in-force, all property of the following nature situated within the 'Specified Areas', shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance; (i) All lands or other property already acquired for the construction of new Mirpur Town and Hamlets and other townships on the periphery of the Mangla Reservoir; (ii) All Lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition under the Land Acquisition Act, 1894, by the Authority; (iii) All Lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control and management or for any other purposes under this Ordinance.” 6. Substitution of Section 39, Ordinance IV of 1974:- In the said Ordinance, for Section 39, the following shall be substituted:- “39. (i) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf; (ii) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease, sale, exchange or transfer of any piece of land within specified areas shall be sufficient proof of the said title and shall be admissible in evidence of that title in any Court Proceedings; (iii) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government”. 7. Addition of a New Section 42-A Ordinance IV of 1974:- In the said Ordinance after section 42 a new section 42-A, shall be inserted, namely :-
156 Volume VII (1981 to 1984) “42-A. Removal of Encroachments etc:- (1) The Deputy Commissioner or any other person authorised by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as may be specified therein, the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: Provided that the Authority may instead of requiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or a special order: Provided further that the Authority may require an encroachment to be altered partially so far as is necessary to avoid contravention of a Scheme approved by it.” 8. Substitution of Section 48, Ordinance IV of 1974:- In the said Ordinance, for Section 48, the following shall be substituted, namely:- “48. Repeal Consequential Provisions:- (1) The New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government, are hereby repealed. All assets, rights and all property, movable and immovable and all interests therein and all debts, liabilities and obligations of the Allotment Committee constituted under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the powers of Allotment Committee constituted under the said Act, in respect of the plots / property allotted/disposed of to different persons by the said Allotment Committee, including the powers of 157 Volume VII (1981 to 1984) cancellation in cases of infringement of any condition of allotment; (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974 shall stand dissolved, and all its powers of allotment and cancellation of allotment shall be exercisable by the Authority. In future the Authority shall prescribe the procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such regulations if any made in this behalf; (4) The Authority may constitute an Allotement Committee consisting of such number of members as be determined in consultation with and approval of the Government. (5) The Allotment Committee constituted under sub-section (4) shall have all the powers of allotment exercisable by the Authority under the provision of the Ordinance or Rules or Regulations framed thereunder. The Allotment Committee may delegate its powers to a sub-Allotment Committee, consisting of not less than three of its Members. (6) (i) Whenever the Government is satisfied that any property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority, in an illegal or improper manner, or to under serving persons or any other irregularity or impropriety has been committed in respect of any matter relating to the allotment or disposal of property etc., then it may appoint a revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of Allotment, shall be forwarded by the Authority/Authorities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders in all cases.” 9. Insertion of Section 43-A, Ordinance IV of 1974:- In the said ordinance after Section 48 the following new Section 48 –A shall be deemed always to have been so inserted, namely:-
158 Volume VII (1981 to 1984) “48-A. Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable.” 10. Savings.- Not withstanding any judgment, decree or Order of any court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVIII of 1977) or its succeeding Ordinance issued from time to time shall be deemed to have been validily done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President, Azad Jammu & Kashmir ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
159 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 1st June, 1981. No. 3704/LD/81. The following Ordinance made by the President on the 1st day of June, 1981, is hereby published for general information:- (ORDINANCE CII OF 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976 WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action ; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 7, Act VI of 1976.- In the Azad Jammu and Kashmir Civil Servants Act, 1976 (VI of 1976), in Section 7, after sub-section (4), the following new sub-section (5) shall be inserted and shall be deemed to have taken effect on and from the 14th day of April, 1976 ,- "(5) Notwithstanding anything contained in this Act or in any other law for the time being in force, a medical practitioner who, following his release from Service with the Armed Forces after having rendered satisfactory service under the compulsory Service in the Armed Forces Ordinance, 1971 (XXXI of 1971) of Pakistan for a period of not less than two years, enters employment of the Government shall be entitled to count towards his seniority in such employment the period of service rendered by him under the aforesaid Ordinance and to his pay in such employment being fixed after giving him credit for the service so rendered.” 160 Volume VII (1981 to 1984) 3. Amendment of Section 12, Act VI of 1976.- In the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976), hereinafter referred to as the said Act, in Section 12, in clause (iv) for the words ‘fifty-fifth year’ the words 'sixtieth year' shall be substituted. 4. Insertion of New Section 12-A, Act VI of 1976.- In the said Act, after Section 12, the following new Section 12-A, shall be inserted namely :- "12-A. Certain Persons to be Liable to Removal or Reversion.- Notwithstanding anything contained in his terms and conditions of service, a civil servant appointed or promoted during the period from the sixteenth day of April, 1975 to the eleventh day of August, 1977, may be removed from service or reverted to his lower post or grade, as the case may be, without notice, by the President or a person authorised by him in this behalf, on such date as the President or, as the case may be, the person so authorised may, in the public interest, direct." 5. Amendment of Section 13, Act VI of 1976.- In the said Act, in Section 13,after sub-clause (1),the proviso shall be deleted and shall be deemed always to have been so deleted. 6. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1977 (Ordinance XII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu & Kashmir ------Sd/-(Syed Muhammad Akram Shah) Secretary Law.
161 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th June, 1981 No. 3984/LD/81. The following Ordinance made by the President on the 7th day of June, 1981, is hereby published for general information. (ORDINANCE CIX OF 1981) AN ORDINANCE to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS in pursuance of Section 31 sub-section (5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, the existing laws are to be brought in conformity with Quran and Sunnah; WHEREAS it is expedient to provide for law relating to the Constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing: AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definition.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) ‘Council’ means the Azad Jammu and Kashmir Council; (b) ‘Chairman’ means Chairman of the Court; (c) ‘Court’ means the Azad Jammu and Kashmir Shariat Court constituted under this Ordinance; (d) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (e) ‘High Court’ means the Azad Jammu and Kashmir High Court;
162 Volume VII (1981 to 1984) (f) ‘Judge’ in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court includes the Chief Justice of Supreme Court or as the case may be High Court and also includes Additional Judge of the High Court; (g) ‘Law’ includes any custom or usage having the force of law but for the purpose of exercising jurisdiction under Section 4 does not include the Azad Jammu and Kashmir Interim Constitution Act, 1974, Muslim Personal Law, any law relating to the procedure of any Court or Tribunal or any law relating to the matters in the Council Legislative List; (h) ‘Member’ means member of the Court; (i) ‘State Subject’ means the State Subject as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974 and; (j) ‘Supreme Court’ means the Supreme Court of Azad Jammu and Kashmir. 3. The Azad Jammu and Kashmir Shariat Court.- (1) There shall be constituted for the purpose of this Ordinance a Court to be called the Azad Jammu and Kashmir Shariat Court. (2) The Court shall consist of two Muslim members, including the Chairman, to be appointed by the President. (3) The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a Judge of a High Court. (4) The Chairman and a member shall hold office for a period not exceeding three years: Provided that a retired Judge appointed as Chairman or member shall not hold office latter than three years from the date of his retirement. (5) The Chairman if he is not a Judge of the Supreme Court and a member who is not Judge of the High Court, may by writing under his hand addressed to the President, resign his office. (6) The principal seat of the Court shall be at Muzaffarabad. (7) Before entering upon office, the Chairman and a member shall make before the President or a person nominated by him oath in the form set out in the Schedule.
163 Volume VII (1981 to 1984) (8) At any time when the Chairman or a member is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chairman or, as the case may be, the member. (9) (i) A Chairman who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a member who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court. (ii) A sitting Judge if appointed as Chairman or member of the Shariat Court shall be entitled to the same salary, allowances, privileges as are admissible to such Judge, before appointment as Chairman or as the case may be, the member in the Shariat Court. 4. Powers, jurisdiction and functions of the Court.- (1) The Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:- (a) the reasons for its holding that opinion; and (b) the Extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to the Injunction of Islam:- (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the Law so as to bring such law or provision into conformity with the Injunctions of Islam; and (b) such law or provision shall, to the Extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. 5. Powers and procedure of the Court.- (1) For the purposes of the performance of its functions, the Court shall have the powers 164 Volume VII (1981 to 1984) as are vested in the High Court while exercising original civil jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceedings before the Court under this Ordinance may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a penal of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name borne on the penal of jurisconsults referred to in clause (5), a person shall be an ‘aalim’ who in the opinion of the Court, is well-versed in Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such injunctions of Islam. (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him. (9) No Court-fee shall be payable in respect of any petition or application to the Court under this Ordinance. (10) The Court shall have power to review any decision given or order made by it. 6. Appeal to the Supreme Court.- (1) Any party to any proceedings before the Court under Section 4 aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court. (2) The provisions of sub-section (3) of Section 4 and sub- section (4) to (8) of Section 5 shall apply to and in relation to the Supreme Court, as reference to the provisions to Court were a reference to the Supreme Court. 165 Volume VII (1981 to 1984) (3) For the purpose of the exercise of the jurisdiction conferred by this Section, there shall be constituted in the Supreme Court a bench consisting of two Muslim Judges of the Supreme Court to be called the Shariat Appellate Bench, and reference in the proceeding clause to “Supreme Court” shall be construed as a reference to the Shariat Appellate Bench. 7. Bar of jurisdiction.- Save as provided under this Ordinance no Court or Tribunal, including the Supreme Court and a High Court shall entertain any proceedings or exercise any power or jurisdiction in any matter when the Shariat Court has the power to adjudicate and determine. 8. Pending Proceedings to continue, etc.- (1) Subject to sub- section (2) nothing in this Ordinance shall be deemed to require any proceedings pending in any Court or Tribunal immediately before the commencement of this Ordinance or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the law or the time being in force. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before the commencement of this Ordinance shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Ordinance shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or Tribunal. 9. Administrative arrangements, etc.- The Government shall make all such administrative arrangements, and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court. 10. Power to make rules.- (1) The Court may, by notification the official Gazette, make rules for carrying out the purpose of this Ordinance. (2) In particular, and without prejudice to the generality the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:- (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the 166 Volume VII (1981 to 1984) Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court; (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court; (c) the powers and Functions of the Court being exercised or performed by the Benches consisting of one or more members constituted by the Chairman; (d) the decision of the Court being expressed in terms of opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and (e) the decision of cases in which the members constituted bench are equally divided in their opinion. (3) Until rules are made under sub-section (1) of this Section the Shariat Benches of Superior Courts Rules, 1980, shall with the necessary modifications and so far as they are not inconsistent with the provisions of this Ordinance, continue in force. 11. The Chairman or member shall take oath as prescribed in the Schedule. 12. Repeal.- The Constitution of Shariat Benches or Superior Courts Ordinance (Ordinance CII of 1980) is hereby repealed.
SCHEDULE ‘Chairman or member of Azad Jammu and Kashmir Shariat Court, under Section 3 of Azad Jammu and Kashmir Shariat Court Ordinance, 1980.’ I, ……………………, do solemnly swear that, as the Chairman (or a member) of the Azad Jammu and Kashmir Shariat Court, I will discharge my duties, and perform my functions honestly to the best of my ability and faithfully in accordance with law; And that I will not allow my personal interest to influence my official conduct or my official decisions. (Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
167 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 8th June, 1981 No. 4021/LD/81. The following Ordinance made by the President on the 7th day of June, 1981, is hereby published for general information. (ORDINANCE CX OF 1981) AN ORDINANCE to extend the scope and functions of the Pakistan Engineering Council to the territories of Azad Jammu and Kashmir. WHEREAS it is expedient to extend the scope and functions of the Pakistan Engineering Council to the territories of Azad Jammu and Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Pakistan Engineering Council (Extension of scope and functions to Azad Jammu and Kashmir) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir territory. (3) It shall come into force at once.
2. Act V etc. to apply to Azad Jammu and Kashmir.- The scope and functions of the Pakistan Engineering Council, hereinafter referred to as the said Council incorporated under the Pakistan Engineering Council, Act, 1976 (Act V of 1976), and the rules and Regulations made thereunder and the administrative orders issued under either of them shall extend mutatis mutandis to the whole of Azad Jammu and Kashmir territory and the said Council shall function in the said Territory as it functions in Pakistan.
168 Volume VII (1981 to 1984) 3. Application of Articles and rules.- The Articles of the Pakistan Engineering Council as they are or as they may be amended from time to time and rules and Regulation made thereunder and the Administrative orders issued under either of them shall extend and apply to the Azad Jammu and Kashmir Territory as they apply or apply to Pakistan.
(Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
169 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 12th June, 1981 No. 4122/LD/81. The following Ordinance made by the President on the 12th day of June, 1981, is hereby published for general information:- (ORDINANCE CXI OF 1981) AN ORDINANCE further to amend the Punjab Land Revenue Act, 1887 WHEREAS it is expedient to amend the Punjab Land Revenue Act, 1887, (Act XVII of 1887), as in force in Azad Jammu & Kashmir , for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Land Revenue (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 75, Act XVII of 1887.- In the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu & Kashmir, herein-after referred to as the said act, in Section 75, for the words ‘Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 3. Amendment of Section 77, Act XVII of 1887.- In the said Act, in Section 77,- “(a) in sub- section (1) after the word “due” at the end the colon shall be omitted and thereafter the words “and if the defaulter owns any property which is owned by him jointly with others and in the opinion of the Collector; the defaulter’s share cannot be sold or, if sold, cannot fetch a reasonable price, the whole of such property may be sold” shall be added; and
170 Volume VII (1981 to 1984) (b) in the proviso the words and comma “no interest save those of the defaulter alone shall be so proceeded against, and” shall be omitted.” 4. Amendment of Section 79, Act XVII of 1887.- In the said Act, in Section 79, in sub-section (1) for the words ‘Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 5. Protection.- Any sanction accorded before the commencement of this Ordinance shall be deemed to have been accorded under the provision of this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
171 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 21st June, 1981. No. 4391/SL/81. The following Ordinance made by the President on the 21st day of June, 1981, is hereby published for general information. (ORDINANCE CXXIII OF 1981) AN ORDINANCE to provide for law relating to the Upper Chattar Housing Scheme. WHEREAS it is expedient to provide for law relating to the Upper Chhattar Housing Scheme, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which under it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Upper Chhattar Housing Scheme Ordinance, 1981. (2) It shall come into force at once. 2. Definition.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) “Committee” means a Committee set up under Section 3; (b) “Government” means the Azad Government of the State of Jammu and Kashmir; (c) “Member” means a member of the Committee and shall include an ex-officio member. 3. Setting up of Committee.- (1) The Government may set up a Committee for carrying out the purposes of this Ordinance. (2) The committee shall consist of a Chairman and such other members not exceeding four in numbers as may be appointed by the Government. 4. Appointment of officers and servants.- The Committee may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for the efficient performance of its functions.
172 Volume VII (1981 to 1984) 5. Meeting of the Committee.- (1) The Committee shall ordinarily meet for the transaction of business at such place as may be determined by the Chairman. (2) The quorum necessary for the transaction of business shall be three members including Chairman. (3) Every meeting shall be presided over by the Chairman or in his absence by the person chosen by the members present for amongst themselves. (4) All questions which come before any meeting shall be decided by a majority of votes of the members present and in case of equality of votes, the presiding officer shall have a casting vote. (5) Minutes of the proceedings of every meeting shall be recorded in a book to be kept for the purpose which shall be signed by the person presiding at the meeting and also by other members present at that meeting. (6) The Chairman shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Committee within ten days from the date of such meeting. 6. Delegation of power by the Committee.- The Committee may from time to time by general or special order, delegate to the Chairman or to any member of to any officer of the Government, any of its powers duties or functions under this Ordinance subject to such conditions as it may think fit to impose. 7. Appointment of Appellate Authority.- (1) The Government may appoint a person as the Appellate Authority for the purpose of this Ordinance. (2) Any person aggrieved by an order of the Committee or of any person whom the powers of the Committee are delegated under Section 6 of this Ordinance may within 15 days of the order, appeal to the Appellate Authority. (3) The Appellate Authority may either summarily reject the appeal or proceed to hear it in such manner as it thinks fit. (4) Subject to the Orders of the Appellate Authority the decision of the Committee shall be final. 8. Bar of jurisdiction.- The order or proceedings of the Appellate Authority the Committee or of any person to whom powers of the Committee are delegate under this Ordinance, shall not questioned in any Court.
173 Volume VII (1981 to 1984) 9. Powers and duties of the Committee.- (a) The Committee shall prepare scheme for the allotment of plots in the Upper Chhattar Housing Scheme and take measures as may be necessary for carrying out the purposes of this Ordinance; (b) Have the power to scrutinize and fix the price of the plots developed or prepared by any agency of the Government; Provided that the price shall not be less than the acquisition charges as awarded by the Collector including 15% compulsory acquisition charges, if any, and the development charges which may be determined by such agency; (c) Determine, by rules, the manner of conducting the sale of plots, the order priority amongst the intending purchasers and the method of realization of price of plots sold or any part thereof or of the other dues; (d) Clause the removal of any construction which obstructs the execution of its scheme and may issue interim orders for stay of any construction or for removal of any building or part thereof which infringes any part of any of its schemes and may, by general or special order, prohibit any change in the use of land and alteration in buildings or structures; Provided that this clause shall not apply to works executed by an agency of the Government; (e) Have the power to sell, lease or rent the plots and realize their price, rent or other dues in lump sum or in instalments according to the regulations issued by the Government from time to time. 10. Cancellation of allotment.- The Committee may, in case of default in the payment of installments or dues, cancel the allotment and amount paid shall stand forfeited to the Government. 11. Recovery of arrears.- All dues recoverable by the committee from any person in pursuance of the provisions of this Ordinance or any other made there under shall be recoverable as arrears of land revenue. 12. Committee to control private construction.- The Committee shall have the power to control the construction of private buildings in accordance with the rules.
174 Volume VII (1981 to 1984) 13. Punishment.- Whoever contravenes any provision of this Ordinance or of any rule, regulation or order made thereunder shall be punishable with imprisonment which may extend to six months or fine or with both. 14. Cognizance of offence.- No Court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by an officer authorized for the purpose by the Committee. 15. Power to make rules.- The Committee, with the previous sanction of the Government, may make rules for carrying out the purposes of this Ordinance. 16. Power to make Regulations.- The Committee may, with the previous sanction of the Government, make regulations to provide for all matters, not provided for in the rules for which provision is necessary or expedient for carrying out the purposes of this Ordinance and to said rules. 17. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Upper Chhattar Housing Scheme Ordinances issued 1978 (Ordinance VI of 1978), or its succeeding Ordinances issued from time to time shall be deemed to have been validily done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
175 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 25th June, 1981. No. 4551/LD/81. The following Ordinance made by the President on the 25th day of June, 1981, is hereby published for general information. (ORDINANCE CXXIX OF 1981) AN ORDINANCE to provide for law relating to the levy of Tax on Urban immovable property in the Azad Jammu and Kashmir. WHEREAS it is expedient to provide for law relating to the levy of tax on Urban Immovable property in the Azad Jammu and Kashmir Territory; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Urban Immovable Property Tax Ordinance, 1981. (2) It extend to the whole of Azad Jammu and Kashmir. (3) It shall come into force from the First day of July 1981. 2. Definitions.- In this Ordinance, unless the context otherwise, requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:- (a) “assessing authority” means the assessing authority constituted under this Ordinance; (b) “Controller” means an Officer appointed by Government by name, or by virtue of his office, to discharge the functions and to perform the duties of a Collector under this Ordinance in any specified area; (c) “Commissioner” means an Officer appointed by Government by name, or by virtue of his office, to discharge the functions and to perform the duties of a Commissioner under this Ordinance in any specified area; 176 Volume VII (1981 to 1984) (d) “Government” means the Azad Government of the State of Jammu and Kashmir; (e) “member of the family of the owner” means: (i) wife or wives or husband, as the case may be; (ii) dependent children of the owner; (f) “Owner” includes a mortgagee with possession, a lessee in perpetuity, a trustee having possession of a trust property and person to whom an evacuee property has been transferred provisionally or permanently under the Rehabilitation Act, 1956; (g) “Prescribed” means prescribed by rules made under this Ordinance; (h) “rating area” means Urban area where tax is levied under the provisions of this Ordinance; (i) “tax” means the tax leviable under the provisions of Section 3; and (j) “urban area” means an area within the boundaries of a Municipal Committee; Town Committee or other authority legally entitled to or entrusted by Government with the control or management of a Municipal or a local fund. 3. Levy of tax.- (1) Government may by notification specify urban areas where tax shall be levied under this Ordinance: Provided that one urban area may be divided into two or more rating areas or several urban areas may be grouped as one rating area. (2) There shall be charged, levied and paid a tax on the annual value of buildings and lands in a rating area at the rate of Fifteen percent of such annual value; Provided that no tax shall be levied under this Ordinance in respect of buildings occupied by the owner himself either for residential purposes or commercial purposes, the gross annual value of which does not exceed twelve thousand rupees and six thousand rupees respectively. (3) In case of property of the annual value not exceeding twelve thousand rupees, a deduction of two hundred and seventy rupees from the annual value shall be allowed. (4) Government may, by notification, for reasons to be recorded, remit in whole or in part, the payment of the tax by any class of persons in respect of any category of property. 177 Volume VII (1981 to 1984) Explanation: The annual value for the purpose of this section shall be the aggregate annual value of all buildings and lands owned, by the same person in the rating area. (5) The tax shall be due from the owner of buildings and lands. 4. Out of the tax collected under this Ordinance from within the limits of a Municipal Committee and a Town Committee, the Government shall after retaining 5% thereof as collection charges pay 75% of the balance to such Municipal Committee and Town Committee as the case may be. 5. Exemptions.- The tax shall not be leviable in respect of the following properties, namely:- (a) building and lands other than those leased in perpetuity, owned by the Azad Government of the State of Jammu and Kashmir; (b) buildings and lands other than those leased in perpetuity; (i) owned by the Azad Government of the State of Jammu and Kashmir and not administered by a Local authority; (ii) owned or administered by a local authority; (c) (i) buildings and lands the annual value of which does not exceed Four hundred and thirty two rupees; or (ii) Land exclusively used for agricultural purposes; (d) buildings and lands or portions thereof used exclusively for educational purposes including schools, boarding houses, hostels and libraries; (e) public parts and playgrounds; (f) buildings and lands or portions thereof used exclusively for public worship or public charity including mosques, churches, hospitals, dispensaries, orphanages, alms houses, drinking water fountains, infirmaries for the treatment and care of animals and public burial or other places for the disposal of the dead: Provided that the following buildings and lands or portions thereof shall not be deemed to be used exclusively for public workshop or for public charity within the meaning of this section, namely:- (i) building in or land on which any trade or business is carried on unless the rent derived 178 Volume VII (1981 to 1984) from such buildings of lands is applied exclusively to religious purposes or such public charitable institutions as may be prescribed; (ii) buildings or lands in respect of which rent is derived, and such rent is not applied exclusively to religious purposes or to public charitable institutions; and (g) buildings and lands, the annual value of which does not exceed five thousand and four hundred rupees belonging to widows and minor orphans. 6. Ascertainment of annual value.- The annual value of any land or building shall be ascertained by estimating the gross annual rent at which such land or building together with its appurtenances and any furniture that may be let for use or enjoyment with such building might reasonably be expected to be let from year to year, less:- (a) any allowance not exceeding twenty per centum of the gross annual rent as the assessing authority in each particular case may considerable reasonable rent for the furniture let with any such building; (b) an allowance of ten per centum for the cost of repairs and for all other expenses necessary to maintain such building in a state to command such gross annual rent. Such deduction shall be calculated on the balance of the gross annual rent after the deduction, if any, under clause (a); and (c) any land revenue actually paid in respect of such building or land: Provided that in calculating the annual value of any building or land under this Section the value of any machinery in such building or on such land shall be excluded. 7. Assessing authority.- (1) There shall be an assessing authority for every rating area. (2) The assessing authority shall exercise such powers and perform such duties as are conferred on it by this Ordinance or the rules made thereunder. 8. Making and operation of valuation lists.- (1) A valuation list shall be made by the prescribed authority in accordance with the rules framed under this Ordinance for every rating area so as to come into force either on the first day of July or the first day of
179 Volume VII (1981 to 1984) January and thereafter a new valuation list shall be made from time to time so that the interval between the dates on which one valuation list and the next succeeding valuation list respectively come into force shall be a period of five years:- (a) reduce by a period not exceeding one year or extend by a period not exceeding three years the interval which would otherwise elapse between the coming into force of any two successive valuation lists for any rating area, or where valuation list has been lost or destroyed by operating of circumstances beyond control, cancel the list, direct the preparation of a new list and order recovery of pending tax to be made on the basis either of the last preceding valuation list or of the new list prepared under this provide; and (b) divide any rating area into parts for the purpose of a new valuation list and determine the years in which the next following valuation list for each of such parts respectively shall be made and come into force. (2) Subject to the provisions of any such order as aforesaid, every valuation list shall come into force on the first day of July or the first day of January, as the case may be, next following the date on which it is finally approved by the assessing authority and shall, subject to the provisions of this Ordinance and the rules made thereunder (including the provisions with respect to the alternation of and the making of additions to the valuation list) remain in force until it is superseded by a new valuation list. 9. Draft valuation list.- (1) Where the assessing authority for any area has issued notices requiring returns in connection with the making of a new valuation list, the said authority shall, as soon as may be after the expiration of the period allowed for the delivery of the returns, cause a draft valuation list to be prepared for the area and published in such manner as may be prescribed. (2) Any person aggrieved by any entry in the draft valuation list, or by the insertion therein or omission there from of any matter, or otherwise with respect to the list, may, in accordance with the rules made under this Ordinance ledge an objection with the assessing authority at any time before the expiration of thirty days from the date on which the draft valuation list is published: Provided that in special circumstances the Commission may, by notification, extend the period to a maximum of sixty days.
180 Volume VII (1981 to 1984) 10. Amendment of current valuation list.- Subject to such rules, if any, the Government may think fit to make in this behalf, the assessing authority may any time make such amendments in a valuation list as appear to it to be necessary in order to bring the list into accord with existing circumstances and in particulars may:- (a) correct any clerical or arithmetical error in the list; (b) correct any erroneous insertion or omission or any mis- description; (c) make such additions to or corrections in the list as appear to the authority to be necessary by reason of:- (i) a new building being erected after the completion of the valuation list; (ii) a building included in valuation list being destroyed or substantially damaged or altered or extended since its value was last previously determined and; (iii) any change in the ownership or use of any building or land; Provided that not less than fourteen days before making any such assessment in the valuation list for the time being in force, other than the correction of a clerical or arithmetical error, or the correction of an erroneous insertion, omission or misdescription, the assessing authority shall said notice of the proposed amendment to the owner of the building or land and shall also consider any objection thereto which may be made by him. 11. Appeal and revision.- (1) Any person aggrieved by an order of the appropriate authority upon an objection made before that authority under Sections 9, 10, 15 or 16 may appeal against such order, at any time before the expiration of thirty days from the date of such order, to the Collector of the district in which the building or land to which the objection related is situated, or to such other officer as the Government may, by notification, appoint in this behalf. (2) Any person aggrieved by any entry in the valuation list prepared under Section 8, or by the insertion therein or omission there from of any matter, or otherwise with respect to the list, may, within sixty days of the date on which the list is to come into force, prefer an appeal in respect of such entry or matter, to
181 Volume VII (1981 to 1984) the Collector or to such other officer as the Government may, by notification, appoint in this behalf. (3) The Commissioner or such other officer as may be appointed by the Government by notification in this behalf, may of his own motion at any time, or on application made within a period of one year from the date of the taking of any proceeding or passing of any order by an authority subordinate to the Commissioner call for and examine the record of the proceedings or the order of the purpose of satisfying himself as to the legality or propriety of the same and may pass such order in reference thereto as he may consider fit. 12. Tax to be levied notwithstanding appeal.- The tax shall be levied in accordance with the valuation list in force for the time being, and shall be collected and be recoverable notwithstanding any appeal which may be pending with respect to that list. 13. Tax when payable.- The tax shall be payable half-yearly by such dates as may be prescribed. Provided that Government may, by notification, direct that in any rating area:- (i) the tax shall be paid yearly; (ii) the tax for any specified period shall be paid separately. 14. Collection of Tax:- The tax shall be paid to such person or authority and in such manner as the government may prescribe. 15. Recovery of tax from tenants.- Where the tax due from any person on account of any building or land is in arrear, it shall be lawful for the prescribed authority to serve upon an a person paying rent in respect of that building of land, or any part thereof, to the person from whom the arrears are due, a notice stating the amount of such arrears of tax and requiring all future payments of rent (whether the same have already accrued due or not) by the person paying the rent to be made direct to the prescribed authority until such arrears shall have been duly paid, at such notice shall operate to transfer to the prescribed authority the right to recover, receive and give a discharge for such rent. If the person paying rent will lawfully fail or neglect to comply with the notice afore-mentioned, the prescribed authority may, after giving him an opportunity of being heard, proceed against him as it would have proceeded under the provisions of this Ordinance against owner of the building of land in respect of which the tax is in arrears.
182 Volume VII (1981 to 1984) 16. Penalty for default in payment.- (1) If any person on being served with such notice as may be prescribed fails to pay within the period specified in the notice any amount due from him on account of the tax, the prescribed authority may recover from him as penalty a sum not exceeding the amount of the tax so unpaid, in addition to the amount of the tax payable by him. (2) No such penalty shall be imposed unless the prescribed authority is satisfied that the person liable to pay the tax has willfully failed to pay the same. 17. Recovery of unpaid dues.- (1) If any sum due on account of the tax levied under Section 3 or as a penalty imposed under this Ordinance is not paid within the time allowed for its payment and the person from whom it due does not show cause to the satisfaction of the Collector or any othe rperosn authorised by him why he should not pay the same, such sum (inclusive of all costs of recovery) may be recovered under a warrant in the prescribed form or in a form to the like effect to be signed by the Collector. (i) by distress or sale of the movable property belonging to such person; or (ii) by attachment and sale of the immovable property belonging to him. The warrant may be addressed to an officer of the Excise and Taxation Department for execution, and in executing it he may obtain such assistance from other servants of the Department as he may consider necessary. (2) Notwithstanding anything contained in sub-section (1), any sum on account of the tax levied or penalty imposed under this Ordinance remaining unrecovered shall be recoverable as arrears of land revenue. (3) Notwithstanding anything contained in any law and notwithstanding any rights out of any contract or otherwise whatsoever, any sum due on account of the tax levied under Section 3 or as a penalty imposed under this Ordinance in respect of any building or land, shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, if any, found within or upon such building or land and belonging to the persons liable for such tax or penalty. 18. Remuneration of local authority.- When the tax is collected by any local authority such local authority shall be entitled to such remuneration on account of the cost of Collection as may be prescribed. 183 Volume VII (1981 to 1984) 19. Power of assessing authority to require returns for valuation list.- (1) In every case where a new valuation list is intended to be made for any rating area, the assessing authority shall give public notice of such intention in such manner as may be prescribed, and may serve a notice on the owner, occupier or lessee of any building or land in the said area, or on any one of them, requiring him, or them; to make a return containing such particulars as may be prescribed. (2) Every person on who a notice to make a return is served in pursuance of the provisions of this section shall, within thirty days of the date of the service of the notice, make a return in such form as in required by the notice, and deliver, in the manner so required to the assessing authority. (3) If any person on whom such notice has been served fails within the required period to submit such return, the assessing authority may proceed to value such property in such manner as it deems fit. 20. Powers of assessing authority to require returns at any time.- If the assessing authority at any time desires any person, who is the owner, lessee or occupier of any building or land wholly or partly within the rating area, to make a return with respect to any of the matters regarding which a return may be prescribed, it may serve a notice on that person requiring the return, and that person shall, within thirty days from the service of the notice send the required return to the assessing authority: Provided that the assessing authority may, in its discretion, extended the period for the delivery of any such return. 21. Valuation list not to be rendered invalid by certain failure or omission.- Any failure on the part of the assessing authority to complete any proceedings with respect to the preparation of a valuation list within the time required by this Ordinance or the rules made thereunder, or the omission from a valuation list of any matters required by the rules to be included therein shall not, of itself, render the list invalid. 22. Assessing authorities, officers and servants to be deemed public servants.- Every assessing authority, and every officer working under the orders of such authority for the purposes of this Ordinance, shall be deemed to be a public servant within the meaning of Section 21 of the Pakistan Penal Code adapted in Azad Jammu and Kashmir.
184 Volume VII (1981 to 1984) 23. Exclusion of jurisdiction of Civil Courts.- No Civil Court shall have jurisdiction in any matter which the Government or an assessing authority or any officer or servant is empowered by this Ordinance or the rules made thereunder to dispose of, or take cognizance of the manner in which the Government, or any assessing authority, officer or servant exercise and powers vested in it or him by or under this Ordinance or the rules made thereunder. 24. Power to make rules.- (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the foregoing provisions such rules may provide for any or all of the following matters, namely:- (a) the appointment, powers and duties of assessing authorities and other provisions with respect to such authorities; (b) the placing of identification marks on, and entry into or upon, any building or land; (c) the preparation and publication of valuation lists, including publication and inspection of draft valuation lists, notices of objections and hearing of objections, and other matters incidental thereto; (d) the practice and procedure to be followed on and in connection with appeals, including:- (i) notices of appeals; (ii) prescription of scales of costs; (iii) prescription of fees to be charged in connection with appeals; (e) the prescription of the form of any notice, valuation list, statement, return, or other document whatsoever which is required or authorized to be used under or for the purposes of this Ordinance; (f) the mode of service of any notice, order or document required or authorized to be served; (g) the inspection and taking copies of and extracts from any draft valuation list, notice of objections, proposal for amendment to the valuation list, notice of appeal, valuation made by valuer, and fees for such inspection or copies;
185 Volume VII (1981 to 1984) (h) the appointment of valuers to advise or assist in connection with the valuation of buildings or lands and their powers and duties; (i) the time at and the manner in which the amount of tax shall be paid to the Government; (j) the portion of the tax to be refunded or remitted and the manner in which and the conditions subject to which such refund or remission may be granted; (k) the prescription of fees to be charged in connection with any application made under this Ordinance or the rules made thereunder; (l) any matter which is required by this Ordinance to be prescribed. (3) In making any rules under sub-sections (1) and (2) Government may direct that the prescribed authority may impose a penalty not exceeding two hundred rupees on a person who is guilty of a breach of the provisions thereof.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
186 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 25th June, 1981 No. 4557/LD/81. The following Ordinance made by the President on the 25th day of June, 1981, is hereby published for general information. (ORDINANCE CXXX of 1981) AN ORDINANCE further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971. WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance (Amendment) Ordinance, 1981. (2) It shall come into force at once and shall be deemed to have taken effect on the first day of January, 1980. 2. Amendment of Section 7, Act XVI of 1971.- In the Azad Jammu and Kashmir Employees Benevolent Fund and Group Insurance Act, 1971 (Act XVI of 1971) hereinafter referred to as the said Act, after clause (h) the following new clause (i) shall be added namely:- “(i) to award stipends out of Benevolent Fund to the children of in service or retired Government Employees.” 3. Amendment of Section 12, Act XVI of 1971.- In the said Act, in Section 12, in sub-section (1) for the word ‘twenty’ the word ‘twenty-six’ shall be substituted. 4. Amendment of Section 13 Act XVI of 1971.- In the said Act, in Section 13, for the words ‘sixty years’ twice occurring, the words ‘sixty-five years’ shall be substituted.
187 Volume VII (1981 to 1984) 5. Substitution of First Schedule, Act XVI of 1971.- In the said Act for the First Schedule, the following shall be substituted, namely:- THE FIRST SCHEDULE The amount of benevolent grant payable under Section 13, shall be as follows:- PAY RANGE Rate of monthly Benevolent Grant In the case of an employee whose Pay last drawn was between:- Rs Rs.
250 And 300 150 301 And 400 175 401 And 500 200 501 And 600 225 601 And 700 250 701 And 800 275 801 And 900 300 901 And 1000 325 1001 And 1100 350 1101 And 1200 375 1201 And 1300 400 1301 And 1400 425 1401 And 1500 450 1501 And 1600 475 1601 And 1700 500 1701 And 1800 525 1801 And 1900 550 1901 And 2000 575 2001 And 2100 600 2101 And 2200 625 2201 And 2300 650 2301 And 2400 675 2401 And 2500 700 2501 And 2600 725 2601 And above. 750 (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Muhammad Akram Shah) Secretary Law.
188 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 29th June, 1981 No. 4658/LD/81. The following Ordinance made by the President on the 28th day of June, 1981, is hereby published for general information:- (ORDINANCE CXXXII OF 1981) AN ORDINANCE to amend the Azad Jammu & Kashmir Local Government Ordinance, 1981. WHEREAS it is expedient to amend the Azad Jammu & Kashmir Local Government Ordinance, 1981, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu & Kashmir Local Government (amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 9, Ordinance CXXVII of 1981.- In the Azad Jammu & Kashmir Local Government Ordinance, 1981, (Ordinance CXXVII of 1981), hereinafter referred to as the said Ordinance, in Section 9, after sub-section (5) the following new sub-section shall be added and shall be deemed always to have been so added, namely:- “(6) The members of the District Council shall be the ex- officio members of the Markaz Council concerned for the purpose of discussion and approval of their schemes, but shall not have the right of vote.” 3. Amendment of Section 10, Ordinance CXXVII of 1981.- In the said Ordinance, in Section 10, after sub-section (1) the following new sub-section (1-A) shall be added and shall be deemed always to have been so added, namely:- “(1-A) (i) The Chairman of Markaz Councils and Town Committees shall be the ex-officio members of the
189 Volume VII (1981 to 1984) District Councils for the purpose of discussion and approval of their schemes, but shall not have the right of vote; and (ii) The Chairman, Vice Chairman and members of the Union Councils concerned shall be entitled to participate in the meetings of Districts Council for the purpose of discussion and approval of their schemes but shall not have the right of vote.” 4. Amendment of Section 71, Ordinance CXXVII of 1981.- In the said Ordinance, in Section 71,- (a) for sub-section (3) the following shall be substituted: “(3) when a Local council is superseded fresh election to the local council shall be held within a period of ninety days after expiry of the period of supersession in accordance with the provisions of this Ordinance and the rules.” (b) after sub-section (3), as amended aforesaid, the following new sub-section(4) shall be added,- “(4) No suit or other legal proceedings shall lie against Government or any person or authority for any loss or damage of any kind caused by the supersession of any local council.” 5. Amendment of Second Schedule to Ordinance CXXVII of 1981.- In the said Ordinance, in second schedule, in Part –II, after clause (n) of item No.2, the following new clause (c) shall be added , namely:- “(c) he has been a Chairman, Vice Chairman or member of a local council superseded under Section 71 of this Ordinance- Provided that the Government may, in any particular case , if satisfied that any of the aforesaid persons is not directly responsible for supersession of the local council concerned, order that the disqualification under clause ( c ) shall not apply to that person”.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
190 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 30th June, 1981 No. 4665/LD/81. The following Ordinance made by the President on the 29th day of June, 1981, is hereby published for general information. (ORDINANCE CXXXIII OF 1981) AN ORDINANCE to provide for measures to observe the sanctity of the month of Ramzan. WHEREAS in view of the tenets of Islam it is necessary to provide for measures to observe the sanctity of the month of Ramzan; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Ehtram-i-Ramzan Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definition.- In this Ordinance, unless there is anything repugnant in the subject or context, “public place” includes any hotel, restaurant, canteen, house, room, tent, enclosure, road, lane, bridge or other place to which the public have access. 3. Prohibition of eating etc., in public places.- (1) No person who according to the tenets of Islam, of under an obligation to fast shall eat, drink or smoke in a public place during fasting hours in the month of Ramzan. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both.
191 Volume VII (1981 to 1984) 4. Prohibition of serving eatables in certain public places.- (1) No proprietor, manager, servant or other person incharge of a hotel, restaurant or canteen or other public place, shall knowingly and willfully offer or serve or cause to be offered or served any eatables during fasting hours in the month of Ramzan to any person who, according to the tenets of Islam, is under an obligation to fast. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both. 5. Exemptions.- Nothing contained in Section 4 shall apply in respect of:- (a) A canteen or kitchen maintained in a hospital for serving food to patients; (b) A kitchen or canteen meant for children within the premises of a primary school. 6. Cinema-houses, theatres etc., to remain closed during Ramzan.- (1) All cinema-houses, theatres and similar other establishments or institutions shall remain closed during the month of Ramzan from the time to sunset to the expiration of three hours thereafter. (2) If the proprietor, Manager, servant or other person in charge of a cinema-house, theatre or similar other establishment or institution contravenes the provision of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rupees five thousand, or with both. 7. Power to enter and arrest.- (1) If any Magistrate, the Chairman of a District Council or a Municipal Committee or a Town Committee, or the Chairman or a Member of a District Zakat and Ushr Committee has reason to believe that any offence punishable under this Ordinance has been committed by any person in or at a public place, he may enter the public place and arrest such person. (2) Where the Magistrate arresting any person under sub- section (1) is for the time being empowered to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) such Magistrate may try such person at the place where he is arrested
192 Volume VII (1981 to 1984) in accordance with the provisions contained in Sections 262 to 265 of the said Code. (3) when any person is arrested under sub-section (1) by a person other than a Magistrate referred to in sub-section (2) such person shall, if a bond to his satisfaction is not executed, forwarded the person arrested to the nearest police station, with a report of the circumstances in which such arrest was made. 8. Cognizance of offences and procedure.- (1) Save as provide in sub-section (2) of Section 7, no Court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by a person authorized to arrest under sub-section (1) of that section or by the officer incharge of the police station in whose jurisdiction the offence is alleged to have been committed. (2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), may try any offence punishable under this Ordinance in accordance with the provisions contained in Sections 262 to 265 of the said Code. (3) The officer-in-charge of the police station to which a person arrested is forwarded under sub-section (3) of Section 7 shall make a complaint to a Magistrate within 24 hours of the time on which such person is brought to the police station. (4) The trial of an offence punishable under this Ordinance shall be taken up on a priority basis and shall be concluded as expeditiously as may be administratively possible. 9. Power to make rules.- (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide that, in a canteen, restaurant or dining-car referred to in Clause (a), (b), (c), or (d) of Section 5, eatables or articles of smoking shall only be served at a place protected from public view by means of a curtain or otherwise, and specify the classes of persons who may be admitted to any such canteen, restaurant or dining-car during fasting hours in the month of Ramzan. (3) A person contravening any rule made under sub-section (1) shall be deemed to be guilty of an offence punishable under Section 4 and shall be punishable accordingly.
193 Volume VII (1981 to 1984) 10. Ordinance to over-ride other laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. 11. Repeal.- The Azad Jammu and Kashmir Sanctity of Ramzan Act, 1971 is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
194 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 12th July, 1981 No. 4980/LD/81. The following Ordinance made by the President on the 12th day of July, 1981, is hereby published for general information. (ORDINANCE CXXXVI OF 1981) AN ORDINANCE to give effects to the financial proposals of the Azad Jammu and Kashmir Government. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Azad Government of the State of Jammu and Kashmir and to amend certain laws for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Finance (Amendments) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Amendment of West Pakistan Entertainments Duty Act, 1958.- In the West Pakistan Entertainment Duty Act, 1958 (Act X of 1958), as adopted in Azad Jammu and Kashmir, in Section 3 in sub-section (1) for the words and figures “at the rate of fifty percent of such payment, excluding the amount of the duty, in case such payment does not exceed rupees, 1.12 at the rate of 25% and 50% in case such payment exceeds rupees 1.12, excluding the amount of duty”, the words and figures “at the rate of 125% in case such payment does not exceed rupees one and at the rate of 150% in case of such payment exceeds rupees one excluding the amount of duty:” shall be substituted.
195 Volume VII (1981 to 1984) 3. Amendment of Azad Jammu and Kashmir Finance Act, 1971 (Act VII of 1971).- In the said Act, sub-clause (b) of Section 2 shall be deleted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Shakir Shah) Deputy Secretary Law
196 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the15th July, 1981. No. 5001/LD/81. The following Ordinance made by the President on the 15th day of July, 1981, is hereby published for general information:- (ORDINANCE CXXXIX OF 1981) AN ORDINANCE to amend the of Azad Jammu & Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Work Shops Act, 1976. WHEREAS it is expedient to amend the Azad Jammu & Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Workshops Act, 1976.(Act XIV of 1976) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Workshops (Amendment) Ordinance, 1981. (2) It shall come in to force at once. 2. Amendment of Section 3, Act XIV of 1976.- In the Azad Jammu & Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Workshops Act, 1976, ( Act XIV of 1976), for Section 3 , the following shall be substituted, namely:- “3” Restrictions on Establishment and Enlargement of Industrial Undertaking:- No person or body of persons corporated or incorporated shall expand and modernise or cause to be expanded and modernised or establish or cause to be established any industrial undertaking except with the prior permission in writing of the Government: Provided that permission will not be necessary in the case of Industrial Projects, involving of total investment of Rs. 20 million with a foreign exchange component not exceeding or 197 Volume VII (1981 to 1984) Rs. 10. million, or the machinery to be imported is not banned or restricted under any law, Notification , an Import Policy Order or any policy decision of the Federal Government of Pakistan or by Azad Govt. of the State of Jammu & Kashmir, or the project does not involved foreign investment including investment under non-repatriable and pay-as- you earn scheme. 3. Savings.- Notwithstanding any judgment , decree or Order of any Court including High Court , everything done , all actions taken , notifications issued, Orders or appointments made, proceedings imitated , jurisdiction or powers exercise under the provisions of the Azad Jammu & Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Work Shops (Amendment) Ordinance, 1980 or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken , issued, made , initiated or exercise under this ordinance. 4. Repeal.- Azad Jammu and Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Work Shops (Amendment) Ordinance, 1981, (Ordinance LXI of 1981) is hereby repealed. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qurershi) Secretary Law
198 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 16th July, 1981. No. 5032/SL/81. The following Ordinance made by the President on the 16th day of July, 1981, is hereby published for general information:- (ORDINANCE CXL OF 1981) AN ORDINANCE to provide the law relating to preventive detention and control of person and published connected with the maintenance of public Order in Azad Jammu and Kashmir. WHEREAS it is expedient to provide the law for preventive detention and control of persons and publication for reasons concerned with public safety, public interest and the maintenance of public Order in Azad Jammu and Kashmir; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless the context otherwise requires the following expressions shall have the means hereby respectively assigned to them, that is to say:- (a) ‘Code’ means the Code of Criminal Procedure, 1898; and (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir. 3. Power to arrest and detain suspected persons.- (1) Government, if satisfied that with a view to preventing any person from acting in any manner prejudicial to public safety or the maintenance of public order, it is necessary so to do, may by an order in writing direct the arrest and detention in such custody 199 Volume VII (1981 to 1984) as may be prescribed under sub-section (7), of such person for such period as may subject to the other provisions of this Section, be specified in the order and Government, if satisfied that for the aforesaid reason; it is necessary so to do, may, extend from time to time the period of such detention for a period not exceeding six months at a time. (2) If a District Magistrate or any other servant of Government authorised in this behalf by a general or special order of Government, has reason to believe or is about that any person within his territorial jurisdiction has acted, is acting is to act in a manner prejudicial to public safety or the maintenance of public order, he shall forthwith refer the matter to Government for orders. (3) (a) An order of arrest under sub-section (1) may be addressed to a Police Officer or any other person and such officer or person shall have the power to arrest the person mentioned in the order and in doing so he may use such force as may be necessary. The Police Officer or the other person, as the case may be, shall commit the arrested person to such custody as may be prescribed under sub-section (7). (b) A Police Officer not below the rank of Sub-Inspector, is satisfied on receipt of arrest of credible information that a person against whom an order of arrest or arrest and detention has been made under this section is present within such officers, jurisdiction, may arrest him without a warrant in the same manner as he would have done if such order of arrest had been addressed to him, and there upon commit the arrested person to such custody as may be prescribed under sub-Section or if he receives any requisition in this behalf from the Police Officer or other person to whom the warrant for the person arrested is addressed, make over the custody of the arrested person to such Police Officer or other person. (4) On receipt of a reference under sub-section (2) Government may:- (a) reject the reference; or (b) make an order of arrest and detention in terms of sub- section (1) Explanation.- Whoever is or was a member of an association or its executive Committee, which association is or has been declared to be unlawful under any law for the time being in force in Azad Jammu and Kashmir, at any time during the period of seven days immediately before it was so declared to be unlawful,
200 Volume VII (1981 to 1984) or remains or becomes a member of such an association or its executive committee, thereof after it has been so declared to be unlawful shall be deemed to be acting in a manner prejudicial to public safety and the maintenance of public order for the purposes of this section. (5) (a) Government shall constitute a Board consisting of a Judge of the High Court who shall be nominated by the Chief Justice of the Court, and a senior officer in the service of Azad Jammu and Kashmir who shall be nominated by the President of Azad Jammu and Kashmir. (b) No person shall be detained for a period exceeding three months unless the Board has reported, before the explanation of the said period of three months, that there is, in its opinion, sufficient cause for such detention. (c) Where a person is to be detained for a period exceeding three months, Government shall, before the expiration of the said period of three months refer his case to the Board. (d) A person whose case has been referred to the Board under the provisions of clause (c), shall not be entitled to appear by any legal practitioner in any matter connected with the case referred to the Board. (e) The Board shall, after considering the material placed before it and the representation, if any, made by the person whose case has been referred to it, hearing such person, if he so desires and calling for such further information as it may require from Government or may be placed before it by the person detained, submit its report before the expiration of the period of three months specified in clause (c), to Government whether in its opinion there is sufficient cause for the detention of such person. (f) The proceedings and the report of the Board excepting that part of the report in which the opinion of the Board is specified, shall be confidential. (g) If in any case the Board reports that there is, in its opinion, no sufficient cause for the detention of the person whose case has been referred to it, for a period exceeding three months, Government shall rescind the detention order and direct such person to be released on the expiry of the said period of three months. In case the Board reports that there is, in its opinion, sufficient
201 Volume VII (1981 to 1984) cause for the detention of such person, Government may, subject to the provision of sub-section (1), continue to detain him for such period as it may deem fit. (6) Where a detention order has been made under this section the authority making the order shall, as soon as may be, but not later than fifteen days from the date of detention, communicate to such person the grounds on which the order has been made, inform him that he is at liberty to make a representation to Government against the order and afford him the earliest opportunity of doing so: Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against public interest to disclose. (7) So long as there is in force in respect of any person an order under this section directing that he be detained, he shall, be liable to be detained in such custody and under such conditions as to maintenance, discipline and punishment for offences and breaches of discipline as Government may from time to time prescribe by general or special order. (8) If Government or a District Magistrate has reason to believe that a person in respect of whom an order of arrest and detention has been passed under this section, has absconded or is concealing himself so that such order cannot be executed, Government or the District Magistrate, at the case may be, may:- (a) forward a copy of the order, with a declaration that such person cannot be found, to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of Sections 87, 88 and 89 of the Code shall apply in respect of the said person and his property as if the order directing that he be arrested and detained were a warrant issue by the Magistrate. (b) by order notified in the Official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had within the period specified in the order, informed the officer concerned of the reasons which rendered compliance therewith impossible and of his whereabouts or taken all possible steps to give such information, be punishable with
202 Volume VII (1981 to 1984) imprisonment for a term with may extend to three years, or with fine, or with both. (9) Government may at any time, subject to such conditions as it may think fit to impose, release a person detained under this Section and may require him to enter into a bound, with or without sureties, for the due observance of the conditions. (10) The District Magistrate or any servant of Government referred to in sub-section (2), may summon and interrogate or cause the summoning and interrogation of any person, including a person arrested or detained under this section if in his opinion such interrogation is likely to lead to the discovery of information which may enable the more effective exercise of powers under this Ordinance whether in respect of the person interrogated or any other person, and the person interrogated under this sub-section shall be bound to answer truthfully all questions pertaining to the subject of the enquiry. 4. Powers of photographing, etc. of suspected persons.- (1) Government or other Authority making an arrest or directing the arrest of a person under Section 3 may by order direct that the arrested person shall:- (a) let himself be photographed; (b) allow his finger and thumb-impressions to be taken; and (c) furnish specimen of his handwriting and signature. (2) If any person contravenes any order made under this section, he shall be punished with imprisonment for a term which may extend to six months or with fine or with both. 5. Power to control suspected persons.- (1) Government or the District Magistrate if satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to public safety or public interest, or the maintenance of public order, it is necessary so to do, may by order in writing, give any one or more of the following directions, namely, that such person:- (a) shall not enter, reside or remain in any area that may be specified in the order; (b) shall reside or remain in any area that may be specified in the order; (c) shall remove himself from, and shall not return to, any area that may be specified in the order;
203 Volume VII (1981 to 1984) (d) shall conduct himself in such manner, abstain from such acts or takes such order with any property in his possession or under his control, as may specified in the order; and (e) shall enter into a bond, with or without sureties for the due observance of the directions specified in the order. (2) An order under sub-section (1) made by the District Magistrate shall not, unless Government by special order, otherwise directs, remain in force for more than three months from the making thereof. (3) Government may at any time cancel or vary any order made by the District Magistrate under sub-section (1). (4) An order made under clause (a) of sub-section (1) made by Governments may specify the area to which the order relates, the whole of Azad Jammu and Kashmir or any part thereof, and an order made by the District Magistrate may specify as such area the whole district or any part thereof: Provided that no such order made by Government shall direct the exclusion or removal from the Azad Jammu and Kashmir territory of any person ordinarily resident in the territory and no such order made by the District Magistrate direct the exclusion or removal from the district of any person ordinarily resident in that district. (5) Where an order has been made under sub-section (1), the authority making the order shall, as soon as may be but not later than fifteen days from the date of service of the order, communicate to such person the grounds on which the order has been made, inform him that he is at liberty to make a representation to Government against the order and afford him the earliest opportunity of doing so; Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against public interest to disclose. (6) Where a representation is made to Government against an order passed order sub-section (1), Government may, on consideration of the representation and after giving the person affected an opportunity of being heard, modify, confirm or rescind the order. (7) No order under clause (b) of sub-section (1) shall have effect or a period exceeding three months unless the Board constituted under sub-section (5) of Section 3 has reported,
204 Volume VII (1981 to 1984) before the expiration of the said period, that there is, in its opinion, sufficient cause for the making of such order; and the provisions of clause (c), (d), (e), (f) and (g) of sub-section (5) of Section 3 shall mutatis mutandis apply to the reference made to the Board in regard to any such order. (8) An order made under sub-section (1) shall remain in force for such period not exceeding two years as may be specified in that order. 6. Power to control publications.- (1) Government or any authority authorized by it in his behalf, if satisfied that such action is necessary for the purpose of representing or combating any activity prejudicial to the maintenance of public order, may, by order in writing addressed to a printer, publisher or editor:- (a) prohibit the printing or publication in any document or class of documents of any matter relating to a particular subject or class of subjects for a specified period, or in a particular issue or issues of a newspaper or periodical; (b) require that any matter be published in any particular issue or issues of a newspaper or periodical and may while doing so specify the period during which and the manner in which such publication shall take place; (c) require that any matter relating to a particular subject or class of subjects shall before publication be submitted for scrutiny; (d) prohibit for a specified period the publication of any newspaper, periodical, leaflet, or other publication, or the uses of any press; (e) require that the name and address of any person concerned in the supply or communication of any news, report or information be furnished to such authority as may be specified in the order; (f) require that any document connected with the news, report or information referred to in clause (e) be delivered to such authority as may be specified in the order: Provided that when a order is made under clause (a), (c) or (d); (i) No such order shall remain in force for more than two months from the making thereof; (ii) Any person against whom the order has been made may, within ten days of the passing of the 205 Volume VII (1981 to 1984) order, make a representation to Government or the authority as aforesaid which may on consideration thereof modify, confirm or rescind the order. (2) Where an order has been made under sub-section (1), the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, inform on him that he is at liberty to make a representation against the order to Government and afford him the earliest opportunity of doing so: Provided that the authority making such order may refuse to disclose facts which such authority considers it to be against public interest to disclose. (3) Where a representation is made to Government against an order passed under sub-section (1), Government may on consideration of the representation and giving the person effected an opportunity of being heard, modify, confirm or rescind the order. (4) In the event of disobedience of an order under this section Government or the authority issuing the order may, without prejudice to any other penalty to which the person guilty of the disobedience is liable, order the seizure of all copies of any publication concerned and of any printing press or other instrument or apparatus used in the production of the publication. 7. Power to prohibit entry into Azad Jammu and Kashmir of newspaper etc.- (1) Government or any authority authorized by it in this behalf, if satisfied that such action is necessary for the purpose of preventing or combating any activity prejudicial to the maintenance of public order, may, by notification, prohibit for specified period the bringing into Azad Jammu and Kashmir or any part thereof any newspaper, periodical, leaflet or other publication. Provided that no such order shall remain in force for more than two months from the making thereof: Provided further that the person against whom an order has been made within ten days of the passing of the order make a representation to Government or the authority aforesaid which may on consideration thereof modify confirm or rescind the order. (2) In the event of disobedience of an order under this section, Government or the authority issuing the order may, without prejudice to any other penalty to which the person guilty 206 Volume VII (1981 to 1984) of the disobedience is liable, order to seizure of copies of any newspaper, periodical, leaflet or other publication concerned: Provided that no such order of seizure shall be passed without giving the person affected an opportunity of showing cause against the order. 8. Power to secure reports of public meetings.- (1) The District Magistrate may by order in writing depute one or more Police Officers not below the rank of Head Constable, or other persons to attend any public meeting for the purpose of causing a report to be made of the proceedings. (2) Any such order shall operate as a direction to the person responsible for convening or the conduct of the meeting to admit free of charge the persons so deputed. Explanation.- For the purpose of this section a public meeting is any meeting which is open to the public or to any class or portion of the public, and a member may be a public meeting notwithstanding that it is held in a private place and notwithstanding that admission thereto is restricted by ticket or otherwise. 9. Service of orders in writing.- (1) Where under the provisions of this ordinance any power is to be exercised or any order or direction given by order in writing then that order in writing:- (a) It is an order addressed to any servant of Government or authorizing any servant of Government to take any action, shall be given in original or by a copy to the servant of Government concerned and shall be his authority for the doing of all things he is required or enable to do under the order; (b) It is an order made in respect of or addressed to any person not being a servant of Government, may be served in original or by a copy of the order on the person in respect of whom it is made or whom it is addressed in the manner provided in the Code for the service of a summon; (c) It is an order addressed to the public generally, may be served by publication in such manner as the authority making the order considers best adopted for informing the persons concerned. (2) Any person on whom an order is served as provided in clause (b) or clause (c) of sub-section (1) shall be deemed to have had notice of such order, and where person to be served is a corporation, company, bank or association of persons order may be served on any secretary, director or other officer or person
207 Volume VII (1981 to 1984) concerned with the management thereof, or by leaving it at, or sending it addressing to the corporation, company, bank or association by post to its concerned office, or where there is no registered office, at or to the place where it carries on business. (3) Where a provision of this Ordinance empowers an authority, officer or person to take action by notified order, the provisions of sub-sections (1) and (2) shall apply in relation to such order, and all person whom the order concerns shall, upon its notification, be deemed to have been duly informed of it. 10. Power to issue search warrants.- The power to issue search warrants conferred Section 98 of the Code shall be deemed to include the power to issue warrants for:- (a) the search of any place in which any Magistrate mentioned in that section has reason to believe that any offence under this Ordinance or any act prejudicial to public safety or the maintenance of public order has been, is being or is about to be committed, or that preparation for the commission of any such offence or act is being made; (b) the seizure in or on any place searched under clause (a) of anything which the officer executing the warrant has reason to believe is being used or is intended to be used for any purpose mentioned in that clause; and the provisions of the Code shall, so far as may be, apply to searches, made under the authority of any warrant issued and to the disposal of any property seized under this section. 11. General power of search.- Any authority on which any power is conferred by or under this Ordinance may by general or special order authorize any person to enter and search any place the search of which such authority has reason to believe to be necessary for the purpose of:- (a) ascertaining whether it is necessary or expedient to exercise such power; or (b) ascertaining whether any order given, direction made, or condition prescribed in the exercise of such power has been duly complied with; or (c) generally giving effect to such power or securing compliance with or giving effect to any order given, direction made or condition prescribed in the exercise of such power.
208 Volume VII (1981 to 1984) 12. Power to give effect to orders, etc.- (1) Any authority, officer or person who is empowered by or in pursuance of this Ordinance to make any order, or to exercise anyother power may, in addition to any other action prescribed by or under this Ordinance, take, or cause to be taken, such steps and use or cause to be used, such force as may, in the opinion of such authority, officer or person be reasonably necessary for securing compliance with, or for preventing or rectifying any contravention of, such order or for the effective exercise of such power. (2) Where in respect of the provisions of this Ordinance there is no authority, officer or person empowered, to take action prescribed by or under this Ordinance, Government may take or cause to be taken and use, or cause to resonabily, such force as may in the opinion of Government be reasonably necessary for securing compliance with or for preventing or rectifying any breach of such provision. (3) The power to take steps under sub-section (1) or sub- section (2) includes the power to enter upon any land or other property whatsoever. 13. Penalty.- Whoever contravenes any provision of this Ordinance or disobeys or neglects to comply with any order made or direction given in accordance with its provision shall, where no express provision is made by this Ordinance for the punishment of such contravention, disobedience, or negligence, be punished with imprisonment which may extend to three years, or with fine, or with both. 14. Abetment of offences.- Whoever abets the commission of an offence punishable under this Ordinance shall, whether the act abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence. 15. Offence committed by corporation or association.- Where the person committing an offence punishable under this Ordinance is a corporation, company, bank or association of person, any secretary, director or other officer or person concerned with the management thereof shall be punished with the punishment provided for the offence unless he proves that the offence was committed without his knowledge or consent. 16. Dissemination of rumors, etc.- Whoever:- (a) makes any speech, or (b) by words whether spoken or written or by signs or by visible or audible representations or otherwise publishes 209 Volume VII (1981 to 1984) any statement, rumor or report, shall be published with imprisonment which may extend to or with three years, or with fine, or with both if such speech, statement, rumor, or report:- (i) causes or is likely to cause fear or alarm to the public or to any section of the public; (ii) furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order. 17. Possession or conveyance of prescribed or prohibited documents.- (1) Whoever without lawful authority:- (a) has in his possession, or on premises in his occupation or under his control; or (b) carries for delivery to another person otherwise than through the post, any document in respect of which a notification under Section 7 is in force, or which the importation has been prohibited or in respect of which an order of forfeiture has been made under any law for the time being in force or any document prejudicial to public safety or the maintenance of public order shall, unless he proves that he was unaware of the nature of the document, be punished with imprisonment which may Extent to one year, or with fine or with both. (2) Whoever allows his name or address to be used to facilitate transmission through the post or otherwise to any person other than the person for whom it purports to be intended of any document of the nature referred to in sub-section (1) shall be punished with imprisonment which may extend to one year, or with fine, or with both. 18. Wearing or display of uniforms or emblems.- Whoever makes or has in his possession or wears, carries or displays any uniform, flag, banner or emblem signifying, or which has been declared by Government by notification to signify association with a movement prejudicial to public safety or the maintenance of public order or with the promotion of any activity prejudicial to public safety or the maintenance of public order shall be punished with imprisonment which may extend to one year, or with fine or with both, and any such uniform, flag, banner or emblem wherever found shall be forfeited to Government. 19. Tampering with public servants.- Whoever induces or attempts to induce any public servant or any servant of local authority to disregard of fail in his duties as such servant shall be punished 210 Volume VII (1981 to 1984) with imprisonment which may extend to one year, or with fine, or with both. 20. Sabotage.- (1) No person shall do any act with intention to impair the efficiency or impede the working of or to cause damage to:- (a) any building, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of Government or any local authority; (b) any road, canal, bridge, culvert, causeway or any telegraph line or post (as defined in the Telegraph Act, 1885); (c) Any building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory. (2) The provision of sub-section (1) shall apply in relation to any commission in the part of a person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person. (3) If any person contravenes or attempts to contravene any of the provisions of this section, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. 21. Representation against certain orders.- (1) Where a representation is received under sub-section (5) of Section 5 against an order under clause (b), clause (c), clause (d) or clause (e) of sub-section (1) of Section 5, Government shall, if the order represented against is not rescinded or cancelled and the order is to have effect for a period exceeding three months, forwarded the case, including the representation, to the Board constituted under sub-section (5) of Section 3. (2) Where a representation is made to Government under the provisions of sub-section (3) of Section 6 of or sub-section (2) of Section 7, Government shall as soon as may be, forwarded the case, including the representation, to the Board constituted under sub-section (5) of Section 3. (3) The Board shall, after considering the representation and such further information or material as may be placed before it by Government or the person making the representation, and giving such person an opportunity of being heard, submit its report together with its recommendations to Government.
211 Volume VII (1981 to 1984) (4) If the Board reports that the order against which the representation is made is unjustified, the Government shall vacate the order. 22. Procedure for trial of offences.- (1) In any area the Government may by notification direct that all the offences under this Ordinance, shall, notwithstanding anything in the Code, by tried in accordance with the procedure prescribed by the trial of summons cases by Chapter XX of the Code, subject in the case of summary trials to the provisions of Sections 263 to 265 of the Code. (2) The provisions of sub-section (1) shall apply to the trial of Offences mentioned there committed before the notification aforesaid. 23. Offence under Ordinance to be cognizable and non-bailable.- Notwithstanding anything contained in the Code every offence punishable under this Ordinance shall be cognizable and non- bailable. 24. Jurisdiction barred.- Except as provided in this Ordinance no proceeding order taken or made under this Ordinance shall be called in question in any court and no civil or criminal proceedings shall be instituted against any person for anything in good faith done or intended to be done under this Ordinance. 25. Effect of orders, etc. inconsistent with other enactments.- Any order make any other action taken, under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance. 26. Operation of other penal Laws not barred.- Nothing contained in this Ordinance shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence punishable under this Ordinance. 27. Delegation of power to Deputy Commissioners.- Government may, by order in writing, direct that the power under sub-section (1) of Section 3 shall, subject such restrictions as may be specified, be exercisable by any District Magistrate within his jurisdiction. 28. Power to make rules.- Government may make rules not inconsistent with the provisions of this Ordinance, to carry into effect the purpose thereof.
212 Volume VII (1981 to 1984) 29. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1979 (Ordinance XXXVIII of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
213 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 20th July, 1981. No. 5107/LD/81. The following Ordinance made by the President on the 20th day of July, 1981, is hereby published for general information:- (ORDINANCE CXLII OF 1981) AN ORDINANCE to amend the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968. WHEREAS it is expedient to amend the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Logging and Saw Mill Corporation (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1968.- In the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968), for Section 6, for sub-section (3) the following shall be substituted, namely:- “(3) Secretary AKMIDC or any other officer nominated by the Board shall act as Secretary to the Board of Directors AKLASC.” 3. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, order or appointments make,
214 Volume VII (1981 to 1984) proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Kashmir Logging and Saw Mill Corporation (Amendment) Ordinance, 1977 (Ordinance XXII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
215 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 29th July, 1981. No. 5274/LD/81. The following Ordinance made by the President on the 29th day of July, 1981, is hereby published for general information:- (ORDINANCE CXLVII OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Shariat Court Ordinance, 1981. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Shariat Court Ordinance, 1981, (Ordinance CIX of 1981), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Addition of Section 4-A, Ordinance CIX of 1981.- In the Azad Jammu and Kashmir Shariat Court Ordinance 1981 (Ordinance CIX of 1981), after Section 4, the following new Section 4-A, shall be added and shall be deemed always to have been so added, namely:- “4-A Further jurisdiction of the Court.- The Court shall have such other jurisdiction as may be conferred on it by or under any law.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
216 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 15th August, 1981 No. 5482/LD/81. The following Ordinance made by the President on the 15th day of August, 1981, is hereby published for general information:- (ORDINANCE CL OF 1981) AN ORDINANCE to amend the Holders of Representative Offices (Dis-qualification) Ordinance, 1981. WHEREAS it is expedient to amend the Holders of Representative Offices (Dis-qualification) Ordinance, 1981 (Ordinance CXXXVII of 1981) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Holders of Representative Offices (Dis-qualification) (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Insertion of Section 7-A, Ordinance CXXXVII of 1981.- In the Holders of Representative Offices (Dis-qualification) Ordinance, 1981 (Ordinance CXXXVII of 1981), after Section 7, a new Section 7-A, shall be inserted and shall be deemed always to have been so inserted , namely:- “7-A. Proceedings before a Disqualification Tribunal under the provisions of the Holders of Representative Offices (Disqualification) Ordinance , 1978 (Ordinance IX of 1978) or its succeeding Ordinance, issued from time to time, shall be deemed to be of civil nature and verdict of mis-conduct or dis-qualification emanating from such verdict shall not be construed to mean a punishment or penalty of an offence." (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qurershi) Secretary Law
217 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 2nd September, 1981. No. 5916/LD/81. The following Ordinance made by the President on the 2nd day of September, 1981, is hereby published for general information:- (ORDINANCE CLXIV OF 1981) AN ORDINANCE further to amend the Azad Kashmir Courts and Laws Code, 1949. WHEREAS it is expedient to amend the Azad Kashmir Courts and Laws Code, 1949 for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Courts and laws Code (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 5, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Kashmir Courts and Laws Code, 1949, hereinafter referred as the said Code, in Section 5, in sub-section (1):- (a) for the words ‘two or three other’ the words ‘three or more’ shall be substituted; and (b) after sub-section (1) the following new sub-section (1-A) shall be inserted and shall be deemed always to have been so inserted, namely:- “(1-A) At any time when:- (a) the office of the Chief Justice of the High Court is vacant; or (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause;
218 Volume VII (1981 to 1984) the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice” 3. Insertion of Section 26-A, Azad Kashmir Courts and Law Code, 1949.- In the said Code, after Section 26, the following in the new Section shall be inserted, namely:- “26-A. General provisions relating to the Judicature.- A person who has hold office as a permanent Judge:- (a) of the Azad Jammu and Kashmir Judicial Board or Supreme Court of Azad Jammu and Kashmir, shall not plead or act in any court or before any authority in Azad Jammu and Kashmir; and (b) of the High Court, shall not plead or act in any Court or before any authority within its jurisdiction.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
219 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 11th September, 1981. No. 6064/LD/81. The following Ordinance made by the President on the 11th day of September, 1981, is hereby published for general information:- (ORDINANCE CLXX OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Education Cess Act, 1975. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Education Cess Act, 1975 (Act IV of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Education Cess (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 2, Act IV of 1975.- In the Azad Jammu and Kashmir Education Cess Act, 1975 (Act IV of 1975) in Section 2, for sub-section (8), the following shall be substituted, namely:- “8. Cess on issuance and renewal of Arms Licenses.- (1) Rupees five per license on issue or renewal of all type of Arms except pistol, Revolver and muzzle loading. (2) Rupees ten per license in case of Revolver, pistol and muzzle loading.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
220 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 14th September, 1981 No. 7111/LD/81. The following Ordinance made by the President on the 09th day of September, 1981, is hereby published for general information:- (ORDINANCE CLXXII OF 1981) AN ORDINANCE to repeal the Jammu & Kashmir Silk Protection Act, 1941 WHEREAS it is expedient to repeal the Jammu and Kashmir Silk Protection Act, 1941,as in force in the Azad Jammu & Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Jammu & Kashmir Silk Protection Act, 1941 (Repeal) Ordinance,1981. (2) It shall come into force at once. 2. Repeal of Jammu and Kashmir Silk Protection Act 1941.- The Jammu and Kashmir Silk Protection Act, 1941, as in force in Azad Jammu & Kashmir , is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qurershi) Secretary Law
221 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 28th September, 1981. No. 7418/LD/81. The following Ordinance made by the President on the 28th day of September, 1981, is hereby published for general information:- (ORDINANCE CLXXVII OF 1981) AN ORDINANCE to amend the Pakistan Administration of Evacuee Property Act, 1957. WHEREAS it is expedient to amend the Pakistan Administration of Evacuee Property Act, 1957 (XII of 1957), as in force in Azad Jammu and Kashmir for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Pakistan Administration of Evacuee Property (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 18, Act XII of 1957.- In the Pakistan Administration of Evacuee Property Act, 1957 (XII of 1957) hereinafter referred to as the said Act, in Section 18 after sub- section (6) the following new sub-section (7) shall be added and shall be deemed always to have been so added:- “(7) The Government may, cancel the allotment of an evacuee property made in favour of any allottee, where it is proved, to the satisfaction of the Government, on the basis of inquiry made by the Rehabilitation Authority that the allottee has abandoned the allotted property or has consented to the cancellation of allotment.” 3. Amendment of Section 18-A, Act, XII of 1957.- In the said Act, in Section 18-A after sub-section (1), the following shall be added, namely:-
222 Volume VII (1981 to 1984) “Provided that in the cases where the Evacuee Property is held by any old tenant as defined in Government Order No. 25/60, then, notwithstanding the grant of Proprietary rights to the allottees in respect of such Evacuee Property, the old tenant shall have the protection against the ejectment to the Extent indicated in para 1(e) of the Government Order No. 25/60 and he shall be liable to pay the rent to the allottee as provided therein.” 4. Insertion of Section 18-B, Act XII of 1957.- In the said Act, after Section 18-A the following new Section 18-B shall be inserted:- “(18-B) (1) Notwithstanding anything contained contrary in any of a law, for the time being in force, and without prejudice to the generality of the powers which already vest in him, the Custodian may cancel any allotment of the evacuee property in the following cases:- (a) where an allotte has failed to comply with the terms and conditions of allotment within the meaning of Section 18 of the Act; (b) where an allottee has, to be satisfaction of the Custodian, voluntarily surrendered or abandoned the allotment; (c) where the allotment has been made in violation of law or is without jurisdiction; is (d) where the evacuee property stand allotted to more than one persons and it is necessary to determine the entitlement to such allotment; (e) where an allotment is in excess of the prescribed scale and it is necessary to bring the allotment within scale in order to confer proprietary rights in accordance with law, upon such allottee. The Custodian shall exercise the powers of Multiple Judge under Multiple Allotment Act, 1961 in cases processed for the grant of proprietary rights. (2) The Custodian may eject summarily with the use of such force as may be necessary any person found in unauthorized possession of evacuee property or a person who is found by the Custodian to be an unsuitable person to hold such evacuee property or a person who in the opinion of the Custodian subsequently becomes unsuitable to hold such property. (3) The order passed by the Commissioner under sub- section (3) of Section 18-A except as provided by sub-section (4) of Section 18-A and orders passed by revising authority under
223 Volume VII (1981 to 1984) sub-section (4) of Section 18-A shall be final and shall not be called in question in any Court or authority. (4) An order passed by Custodian under sub-section (2) of section 18-A except as provided by sub-section (5) of section 18- A and orders pass under section 18-B shall be final and shall not be called in question in any court or authority;
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
224 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 28th September, 1981. No. 7420/LD/81. The following Ordinance made by the President on the 28th day of September, 1981, is hereby published for general information:- (ORDINANCE CLXXVIII OF 1981) AN ORDINANCE to adapt and enforce the Punjab Weights and Measures (International System) Enforcement Act, 1975. WHEREAS it is expedient to adapt the Punjab Weights and Measures (International System) Enforcement Act, 1975 (Act LII of 1975) in Azad Jammu and Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Punjab Weights and Measures (International System) Enforcement Act (Adaptation) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Act.- The Punjab Weights and Measures (International System) Enforcement Act, 1975 (Act LII of 1975) hereinafter referred to as the said Act, is hereby adapted in Azad Jammu and Kashmir and shall, as far as practicable be in force in Azad Jammu and Kashmir alongwith all other amendments made, in the said Act and all rules, notifications and orders made thereunder in the Punjab, subject to the modifications that the expression ‘Government’ shall as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and references to the province of Punjab or any part of Pakistan, shall be construed to refer to the Azad Jammu and Kashmir. 3. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Act or this Ordinance, 225 Volume VII (1981 to 1984) the Government may from time to time, give such directions as appear to it to be necessary for the purpose of removal of such difficulty. 4. Repeal.- On coming into force of the said Act in any area or regarding different classes of goods or classes of undertakings or establishment or commodities etc. as may be notified by the Government, the provisions of the Punjab Weight and Measures Act, 1941 (Act XII of 1941) as applicable to Azad Jammu and Kashmir, shall stand repealed to that Extent.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
226 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 1st October, 1981. No. 7480/SL/81. The following Ordinance made by the President on the 1st day of October, 1981, is hereby published for general information:- (ORDINANCE CLXXIX OF 1981) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority Ordinance (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in Section 6, in sub-section (1), for the word ‘three’ the word ‘five’ shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974.- In the Ordinance, in Section 8, between the words “person” and the words and comma ‘other than a Government servant’, shall be inserted. 4. Amendment of Section 15, Ordinance IV of 1974.- In the said Ordinance, in Section 15, in sub-section (2) after clause (xi) of the following shall be added:- “(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be approved by the Government by a general or special order.”
227 Volume VII (1981 to 1984) 5. Addition of Section 31-A, Ordinance IV of 1974.- In the said Ordinance, after Section 31, the following new Section 31- A, shall be inserted, namely:- “31-A. Notwithstanding anything contained in any other law for the time being in force, all property of the following nature situated within the ‘Specified Areas’, shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance:- (i) All lands or other property already acquired for the construction of new Mirpur Town and namlets and other townships on the periphery of the Mangla Reservoir; (ii) All lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition under Land Acquisition Act, 1894 by the Authority; (iii) All lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control and management or for any other purposes under this Ordinance.” 6. Substitution of Section 39, Ordinance IV of 1974.- In the said Ordinance, for the Section 39, the following shall be substituted:- “39. (1) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf; (2) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease, sale, exchange or transfer of any piece of land within specified areas shall be sufficient proof of the said title and shall be admissible in evidence of that title in any Court proceedings; (3) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government.”
228 Volume VII (1981 to 1984) 7. Addition of a new Section 42-A, Ordinance IV of 1974.- In the said Ordinance after Section 42, a new Section 42-A, shall be inserted, namely:- “42-A Removal of encroachments, etc.- (1) The Deputy Commissioner or any other person authorized by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as maybe specified therein, the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: Provided that the Authority may instead of requiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order; Provided further that the Authority may require an encroachment to be altered partially so far as is necessary to avoid contravention of a scheme approved by it.” 8. Substitution of Section 48, Ordinance IV of 1974.- In the said Ordinance, for Section 48, the following shall be substituted namely:- “48. Repealed Consequential provisions.- (1) This New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government are hereby repealed. An assets, rights and all property, movable and immovable and all interests therein and all debts, liabilities and obligations of the allotment Committee constitute under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the
229 Volume VII (1981 to 1984) powers of Allotment Committee constituted under the said Act, in respect of the plots/property allotted disposed of to different persons by the said Allotment Committee, including the powers of cancellation in case of infringement of any condition of allotment. (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974, shall stand dissolved, and all its powers of allotment and cancellation of allotment shall be exercisable by the Authority. In future the Authority shall prescribe the procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such regulations, if any, made in this behalf. (4) The Authority may constitute a Allotment Committee consisting of such number of members as may be determined in consultation with and approval of the Government. (5) The Allotment Committee constituted under sub-section (4) shall have all the powers of allotment exercisable by the Authority under the provision of the Ordinance or Rules and Regulations framed thereunder. The Allotment Committee may delegate its powers to a sub-Allotment Committee, consisting of not less than three of its Members. (6) (i) Whenever the Government is satisfied that any property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority in an illegal or improper manner, or to under serving person or any other irregularity or impropriety has been committed in respect of any matter relating to the allotment or disposal of property etc. then it may appoint a revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and. other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of allotment, shall be forwarded by the Authority/Autho- rities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders, in all cases."
230 Volume VII (1981 to 1984) 9. Insertion of Section 48-A, Ordinance IV of 1974.- In the said ordinance, after Section 48 the following new Section 48-A shall be deemed always to have been so inserted, namely: “48-A. Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable." 10. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVIII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
231 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd October, 1981. No. 7487/LD/81. The following Ordinance made by the President on the 3rd day of October, 1981, is hereby published for general information:- (ORDINANCE CLXXXIV OF 1981) AN ORDINANCE to restrict the increase of rent of certain premises within the limits of urban areas and the eviction of tenants there from in Azad Jammu and Kashmir. WHEREAS it is expedient in the public interest to restrict the increase of rent of certain premises within the limits of urban Areas and the eviction of tenant there from the Azad Jammu and Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which is necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Rent Restriction Ordinance, 1981. (2) It extends to all the urban areas in Azad Jammu and Kashmir. (3) Nothing contained in this Ordinance shall be deemed to affect any evacuee Property as defined in the Pakistan (Administration of Evacuee Property) Act,1957 as adapted in Azad Jammu and Kashmir. 2. Definitions.- In this Ordinance unless there is anything repugnant in the subject context:- (a) “Government” means the Azad Government of the State of Jammu and Kashmir; (b) “Building” means any building or part of the building let for any purpose, whether being actually used for that purpose or not, including any land, godowns, out- houses, together with furniture let therewith but does not
232 Volume VII (1981 to 1984) include room in a “sarai”, hotel, hostel or boarding house; (c) “Controller” means a judicial officer who is appointed by the Government perform the functions of a Controller under the Ordinance; (d) “Landlord” means any person for the time being entitled to receive rent in respect of any building or rented land whether on his own account or on behalf or for the benefit of any other person, or as a trustee, guardian, receiver, executor or administrator for any other person, and includes a tenant, who sub-lets any building or rented land in the manner hereinafter authorized and every person from time to time deriving title under a landlord; (e) “non-residential building” means a building being used solely for the purpose of business or trade; (f) “prescribed” means prescribed by rules made under this Ordinance; (g) “rented land” means any land let separately for the purpose of being used principally for business or trade; (h) “residential building” means any building which is not a non-residential building; (i) “Schedule building” means a residential building which is being used by a person engaged in one of the professions specified in the Schedule to this Ordinance, partly for his business and partly for his residence; (j) “tenant” means any person by whom or on whose account rent is prepared is payable for a building or rented land and includes (i) a tenant continuing in possession after the termination of the tenancy in his favour, and (ii) the wife and children of a deceased tenant, but does not include a person placed in occupation of a building or rented land by its tenant, unless with the consent in writing of the landlord, a person to whom the collection of rent or fees in a public market, cart-stand, or slaughter-house or of rents for shops has been framed out or leased by a municipal, town or notified area committee or by a Development authority; and
233 Volume VII (1981 to 1984) (k) “Urban area” means any area administered by a Municipality, a Municipal committee, a town committee or a notified areas committee as defined above. 3. Government or any officer authorized by it in this behalf may direct by a notification published in the official Gazette that all or any of the provisions of Ordinance shall not apply to any particular building or rented land or any class of buildings or rented lands. 4. (1) The Controller shall, on an application by the tenant or landlord of a building or rented land, fix fair rent for such building or rented land after holding such enquiry as the Controller thinks fit. (2) The fair rent shall be fixed after taking into consideration the following factors:- (a) The rent of the same building or similar accommodation is similar circumstances prevailing in the locality at the time of and during the period of twelve months prior to the date of making application; (b) the rise in the cost of construction of and the repairing charges as well as the imposition of new taxes after the commencement of the tenancy; and (c) the rental value of the building or rented land entered in the property tax Assessment Register of the Taxation Department or the local body relating to the period mentioned in clause (a), if any. (3) The fair rent fixed under this section shall be payable by the tenant from a date to be fixed by the Controller not earlier than the date of filing the appeal. (4) If the fair rent fixed under sub-section (2) exceeds the rent being paid by the tenant on the date of the filing of the application under this section, the maximum increase of rent payable by the tenant shall not be more than 25% of the rent already being paid by him. 5. (1) When the fair rent of a building or rented land has been fixed under Section 4, or where the rent of any building or rented land has been determined by all agreement between the landlord and the tenant, no further increase in such fair rent shall, during the continuance of tenancy, be permissible within a period of three years from the date fixed by the Controller under sub-section (3) of Section 4, or from the date of agreement, as the case may be, except in cases where some 234 Volume VII (1981 to 1984) addition, improvement or alteration has been carried out at the landlord’s expense, and at the request of the tenant. (2) The fair rent as increased on grounds of some addition, improvement or alteration made permissible under this Section shall not exceed the fair rent payable under this Ordinance for a similar building or rented land in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed. (3) Any dispute between the landlord and tenant in regard to any increase claimed on grounds of some addition, improvement or alteration made permissible under this Section shall be decided by the Controller 6. (1) Save as provided in Section 5, when the Controller has fixed the fair rent of a building or rented land under Section 4:- (a) the landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent, but the landlord may stipulate for and receive in advance an amount not exceeding one month’s rent; (b) any agreement for the payment of any sum in addition to rent or of rent in excess of such fair rent shall be null and void. (c) any sum in excess of the fair rent paid in respect of any use occupation of the building or rented land from the date of application for the fixation of fair rent shall be refunded to the person by whom it was paid or at the option of such person, otherwise adjusted. (2) Nothing in this Section shall apply to the recovery of any rent which become due before the 1st January, 1946. 7. (1) No landlord shall, in consideration of the grant, renewal or continuance of a tenancy of any building or rented land require the payment of any fine, premium or any other like sum in addition to the rent. (2) Nothing in this Section shall apply to any payment under any subsisting agreement entered into before the 1st day of January, 1946. 8. Where any sum, before the date of publication of this Ordinance been paid by the tenant, which sum is by reason of the provisions of the Ordinance irrecoverable, such sum may,
235 Volume VII (1981 to 1984) without prejudice to any other method of recovery be deducted by the tenant by whom it was paid, or by his legal representative, from any rent payable by him to such landlord or to his legal representative: Provided that the tenant before making such deduction obtains the approval of the Controller by an application made to him within six months of the said date. Explanation.- In computing the said period of six months the time spent after the date of the payment, in the proceedings for determination of fair rent shall be excluded. (2) In this Section the expression ‘legal representative’, has the same meaning as in the Code of Civil Procedure, 1908 and includes, in the case of joint family property, the joint family of which the deceased person was a member. 9. (1) Notwithstanding anything contained in any other provision of this Ordinance a landlord shall, subject to the approval of the Controller, be entitled to increase the rent of building or rented land if after the commencement of this Ordinance a fresh rate, cess or tax is levied in respect of the building or rented land by the Government or any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of this Ordinance: Provided that the increase in rent shall not exceed one- half of the amount of any such rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case may be. (2) Notwithstanding anything contained in any other law for the time being in force or any agreement, no landlord shall recover from his tenant the amount of any tax or any portion thereof in respect of any building or rented land occupied, by such tenant by any increase in any amount of the rent payable or otherwise save as provided in sub-section (1). 10. (1) No landlord or his contractor, workman, or servant shall without the previous consent of the Controller or save for the purpose of affecting repairs or complying with a requisition from a Municipal Committee willfully disturb any convenience or easement annexed to the premises or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service comprised in the fair rent.
236 Volume VII (1981 to 1984) (2) A tenant in occupation of a building or rented land may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention. (3) If the controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities. 11. No person shall convert a residential building into a non- residential building, except with the permission in writing of the Controller. 12. If a landlord fails to make the necessary repairs other than structural alteration, to a building, it shall be competent for the Controller to direct, on application by the tenant and after such inquiry as the Controller may think necessary that such repairs may be made by the tenant, and that the cost thereof, may be deducted from the rent which is payable by him. 13. (1) Where a local authority, in exercise of its functions under any law for the time being in force directs the owner of a building to make such repairs to the building as may be specified and on failure of the owner to comply with such direction, the tenant is directed to make the said repairs, the tenant may comply with the direction. (2) The amount of the expenses incurred by the tenant under sub-section (1) shall be submitted to the local authority concerned, which shall after the due verifications, certify the cost of repairs and the tenant may thereon deduct the amount so certified from the rent payable by him. 14. (1) A tenant in possession of a building or rented land shall not be evicted there from in execution of a decree passed before or after the commencement of the Ordinance or otherwise, and whether before or after the termination of the tenancy except in accordance with the provisions of this Section. (2) A Landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that:- (i) the tenant has not paid or tendered rent due by him in respect of the building or rented land, within fifteen days after the expiry of the time fixed in the agreement
237 Volume VII (1981 to 1984) of tenancy with his landlord, or in the absence of any such agreement, within sixty days from the period for which rent is payable; or (ii) the tenant has, without written consent of the landlord:- (a) transferred his right under the lease or sub-let entire building or rented land or any portion thereof; or (b) used the building or rented land for a purpose other than that for which it was leased or his infringed any condition of the tenure on which the building or rented land is held by the landlord; or (iii) the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land and; or (iv) the tenant has been guilty of such acts and conduct as are a nuisance to the occupants of buildings in the neighbourhood; or (v) where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or (vi) the building or rented land is reasonably and in good faith required by the landlord for the reconstruction or erection of a building on the site, and the landlord has obtained the necessary sanction for the said reconstruction or erection from a Municipal Committee or Town Committee for the area where such building or rented land is situated. The Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed four months in the aggregate. Explanation.- For this purpose of this clause:-
238 Volume VII (1981 to 1984) (i) Where the water charges or electricity charges or both are payable by the tenant to the landlord such charges shall be deemed rent; (ii) rent remitted by money order to the landlord or deposited in the office of the Controller having jurisdiction in the area where the building or rented land is situated shall be deemed to have been duly tendered. (3) (a) A Landlord may apply to the Controller for an order directing the tenant to put the landlord in possession:- (i) in the case of a residential building, if:- (a) he requires it in good faith for his own occupation; (b) he is not occupying another residential building suitable for his needs at the time in the same urban area in which such building is situated; and (c) he has not vacated such a building without sufficient cause after the commencement of this Ordinance in the said urban area; (ii) in the case of a non-residential building or a scheduled or said land if:- (a) he requires it in good faith for his own use or for the use in any of his male children; (b) he or his said child is not occupying in the same urban area in which such building is situated for the purpose of his being any other such building or rented land, as the case may be suitable for his needs at the time; and (c) He has not vacated such a building or rented land without sufficient cause after the commencement of this Ordinance is the said urban area; Provided that where the tenancy is for a specified period agreed upon between the landlord and
239 Volume VII (1981 to 1984) the tenant, the landlord shall not be entitled to apply under this sub-section before expiry of such period; Provided further that where the landlord had obtained possession of a residential, scheduled or non- residential building or rented land under the provisions of sub-paragraph (i) or sub-paragraph (ii) he shall not be entitled to apply again under the said sub-paragraphs for the possession of any other building of the same class or rented land unless such residential, scheduled or non- residential building or land is no longer, suitable for needs at the time. (b) The Controller shall, if he is satisfied that the claims of the landlord is bona fide make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller and if the Controller is not so satisfied, he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed four months in the aggregate: Provided further that if the application is in respect of a residential building, the Controller shall direct the tenant within four weeks of the application to put the landlord in possession of the building if, after summary enquiry, he is satisfied that the tenant, his wife or any of his dependent children owns a residential building, within the same urban area. (4) Where a landlord who has obtained possession of a building or rented building in pursuance of an order made under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of sub- section (3), does not himself or where the building has been got vacated for the occupation of any of his children such child does not occupy it within one month of the date of obtaining possession, or having been so occupied is re-let within two months of the said date to any person other than the original tenant, the tenant who has been evicted may apply to the Controller, for an order directing that he shall be restored to possession of such building or rented land and the Controller shall make an order accordingly. (5) Where a landlord has obtained possession of a building in pursuance of an order under clause (vi) of sub-section (2) of
240 Volume VII (1981 to 1984) this section and does not have the building demolished within a period of four months from the date of taking possession of the same or does not construct the new building within a further period of two years after the expiry of the period of four months from the date of making possession of the same he shall, unless he satisfies the Court that he was unless to construct the building within the prescribed time for reasons beyond his control, be punished with imprisonment for a term which may extend to two months or with fine or with both. (6) Where a landlord has been convicted under the provisions of sub-section (5), the tenant, who has been evicted from the building or rental land in respect of which the landlord is convicted, may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land, and except in the case of a building which has been demolished, the Controller shall make an order accordingly. (7) Where, in pursuance of an order under clause (v) of sub- section (2), a landlord has obtained possession of a building in this sub-section referred to as the old building, and constructs a new building on the same site, the tenant who has been evicted from the old building may, before the completion of the new building and its occupation by another person, apply to the controller for an order directing that he be put in possession of such area in the new building as does not exceed the area of the old building of which he was in occupation, and the Controller shall make an order accordingly in respect of the area applied for or such smaller area, as considering the location and type of the new building and the needs of the tenant he deems just, and on payment of rent to be determined by him on the basis of rent of similar accommodation in the locality. (8) In proceeding under this Section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct the tenant to deposit all the rent due from him, and also to deposit regularly till the final decision of the case, before the fifteenth day of each month and monthly rent due from him. If there is any dispute about the amount of rent due or the rate of rent, the Controller shall determine such amount approximately and direct that the same be deposited by the tenant before a date to be fixed for the purpose. If the tenant makes default in the compliance of such an order, then if he is the petitioner, his application shall be dismissed summarily and if he is the respondent his defence shall be struck off and the landlord put into possession of the property without taking any further proceedings in the case. The 241 Volume VII (1981 to 1984) Controller shall finally determine the amount of rent due from the tenant and direct that the same may be paid to the landlord, subject to adjustment of the approximate amount deposited by the tenant. (9) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vaxations, the Controller may direct that compensation not exceeding ten times the monthly rent be paid by such landlord to the tenant. (10) The rent deposited by the tenant under this Section shall, subject to the final determination of rent as payable by the tenant, be paid to the landlord at the conclusion of the proceedings or on such earlier date as may be specified by the Controller. 15. Eviction of tenants where the landlord is a salaried employee, widow or minor orphan.- (1) Notwithstanding anything contained in this Ordinance or any law for the time being in force:- (a) in a case where the landlord has died; or (b) in a case where the landlord is a salaried employee and has retired or is due to retire within a period of six months, a notice in writing may be given by such landlord or the widow or minor of the deceased landlord, as the case may be, to the tenant of a residential building informing him that he or she needs the building for personal use and requiring him to deliver vacant possession of the building within a period of two months from the date of receipt of the notice. Provided that no application under this Section shall be maintainable if it is made after six months from the date of the death of the landlord or in the case of the retirement of a salaried person, before six months from or after six months of the date of his retirement; Provided further that, in a case where the landlord has died or a salaried person has retired before the commencement of this Ordinance an application may be made within a period of six months from the date of said commencement. (2) The right to seek ejectment under sub-section (1) shall also be available to a landlord of a residential building who is the wife, husband or a minor child as a salaried employee referred to in sub-section (1).
242 Volume VII (1981 to 1984) (3) In the case of a landlord referred to in sub-section (1) or sub-section (2) who happens to be a landlord of more than one residential building whether or not as the same locality, action as provided for in this section shall be competent in respect of one of such residential buildings only. (4) A landlord referred to in clause (b) of sub-section (1) or sub-section (2) who is in occupation of a residential building owned by him shall not be entitled to seek ejectment of tenant from a residential building situated in the locality in which the building in occupation of the landlord is situated unless he offer the building in his occupation in exchange of the building in possession of the tenant on such terms and conditions and on payment of such rent as may be determined by the Controller: Provided that the benefit of exchange shall not be available to the tenant who refuses to accept the offer or the terms and conditions and the rate of rent determined by the Controller. (5) A tenant who on receipt of the notice referred to in sub- section (1) fails to deliver vacant possession of the building to the landlord or the widow or minor orphan of the deceased landlord within the time allowed in the notice shall be liable to be ejected summarily by the Controller on an application being made to him in this behalf. (6) On an application being made to him under sub-section (5) the Controller shall issue a notice to the tenant and on being satisfied with the bona fide of the request of the landlord or the widow or minor orphan of a deceased landlord shall order the summary ejectment of the tenant. (7) A landlord or a widow or orphan of a deceased landlord referred to in sub-section (1) or sub-section (2) who, within one year of his having obtained possession of a building as provided for in sub-section (6), relates the building to any person other than the previous tenant, shall be punishable with fine which may extend to rupees five thousand unless the benefit derived by the landlord is greater than the amount of fine in which case it shall be equal to the annual rent obtained by him by relating the building. 16. Where the ownership of building in the possession of a tenant or rented land has been transferred by way of sale, gift, inheritance or in any other manner, whatsoever, from one person to another, the new owner shall send an intimation of such transfer in writing by registered post, to the tenant of such building or
243 Volume VII (1981 to 1984) rented land, and the tenant shall not be deemed to have defaulted in the payment or rent for the purposes of clause (i) of sub- section (2) of Section 14, if the rent due is paid within thirty days from the date when the intimation should in the normal course have reached him. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
244 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 4th October, 1981 No. 7540/LD/81. The following Ordinance made by the President on the 4th day of October, 1981, is hereby published for general information. (ORDINANCE CLXXXVII OF 1981) AN ORDINANCE to provide for law relating to housing facilities for Government employees of Azad Jammu and Kashmir. WHEREAS it is expedient to make provisions for settlement of the employees Azad Government of the State of Jammu and Kashmir in colonies at central places of Azad Kashmir in manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW THEREFORE, in exercise of the powers conferred by sub-section (1) Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called Government Employees Housing Facilities Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) “Allottee” means a Government employee to whom a plot is allotted under this Ordinance; (b) “Committee” means an Allotment Committee set-up by the Government under this Ordinance; (c) “Government” means Azad Government of the State of Jammu and Kashmir; (d) “Government employee” means an employee of Azad Government of the State of Jammu and Kashmir drawing pay in Grade 1 to 15 and includes the employees drawing fixed pay at any rate between
245 Volume VII (1981 to 1984) minimum of grade 1 and maximum of grade 15. It also includes employees drawing their pays from contingent grants and funds of the semi-Government organizations. (e) “Member” means a member of this Allotment Committee. (f) “Prescribed” means prescribed under rules made in this behalf; (g) “Eligible” means eligible to allotment of plots in accordance with the rules made under this Ordinance. 3. Earmarking the Area.- The Government may earmark and requisitioned or acquire an area comprised of crown land, evacuee land, resumed land, and private land for the purposes of setting up of a housing colony of the employees at District and Tehsil Headquarters within Azad Jammu and Kashmir. 4. Setting Up of Allotment Committees.- (1) The Government may set-up Allotment Committees one for each District for carrying out the purposes of this Ordinance. (2) Each Committee shall consist of a Chairman and other members not exceeding two in number as may be appointed by the Government. 5. Allotment of Plots.- (1) The Committee shall take over the areas earmarked for the purpose and shall reduce it into plots of six marlas each. (2) Each eligible employee shall be allotted one plot of six marlas of land for the purposes of construction of residential houses as prescribed which shall not be transferable to any person except an employee. (3) The allottee shall pay the nominal or token price of the plot to the committee in lump-sum or in installments as may be decided by the Committee under the direction of the Government. 6. Cancellation of Allotment.- The Committee or the Government may in case of defaults in payment of installment or otherwise or in contravention of any rules and regulation cancel the allotment and the amount paid by the allottee shall stand forfeited to the Government. 7. Appointment of Appellate Authority.- (1) The Government may appoint a person of the status higher than that of the Chairman of the Committee to hear and decide the appeals against the decision of the Allotment Committee.
246 Volume VII (1981 to 1984) (2) All appeals against the order of the Allotment Committee shall be submitted to the Appellate Authority within 15 days of the decision of the Committee. (3) The appellate authority may hear and decide the appeal preferred under sub-section (2) of this section in such manner as it thinks fit. 8. Rules.- The Government may make rules for carrying out the purposes of this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
247 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th October, 1981 No. 7598-99/LD/81. The following Ordinance made by the President on the 7th day of October, 1981, is hereby published for general information. (ORDINANCE CLXLI OF 1981) AN ORDINANCE to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS in pursuance of Section 31 sub-section (5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, the existing laws are to be brought in conformity with Quran and Sunnah; WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) ‘Council’ means the Azad Jammu and Kashmir Council; (b) ‘Chairman’ means Chairman of the Court; (c) ‘Court’ means the Azad Jammu and Kashmir Shariat Court constituted under this Ordinance; (d) ‘Government’ means the Azad Government of the State of Jammu and Kashmir;
248 Volume VII (1981 to 1984) (e) ‘High Court’ means the Azad Jammu and Kashmir High Court; (f) ‘Judge’ in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court includes the Chief Justice of Supreme Court or as the case may be High Court and also includes Additional Judge of the High Court; (g) ‘Law’ includes any custom or usage having the force of law but for the purpose of exercising jurisdiction under Section 4 does not include the Azad Jammu and Kashmir Interim Constitution Act, 1974, Muslim Personal Law, any law relating to the procedure of any Court or Tribunal or any law relating to the matters in the Council Legislative List; (h) ‘Member’ means member of the Court; (i) ‘State Subject’ means the State Subject as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974; and (j) ‘Supreme Court’ means the Supreme Court of Azad Jammu and Kashmir. 3. The Azad Jammu and Kashmir Shariat Court.- (1) There shall be constituted for the purpose of this Ordinance a Court to be called the Azad Jammu Kashmir Shariat Court. (2) The Court shall consist of two Muslim members, including the Chairman, to be appointed by the President. (3) The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a Judge of a High Court. (4) The Chairman and member shall hold office for a period not exceeding three years: Provided that retired Judge appointed as Chairman or member shall not hold office latter than three years from the date of his retirement. (5) The Chairman if he is not a Judge of the Supreme Court and a member who is not Judge of the High Court, may by writing under his hand addressed to the President, resign his office. (6) The principal seat of the Court shall be at Muzaffarabad.
249 Volume VII (1981 to 1984) (7) Before entering upon office, the Chairman and a member shall make before the President or a person nominated by him oath in the form set out in the Schedule. (8) At any time when the Chairman or a member is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chairman or, as the case may be, the member. (9) (i) A Chairman who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a member who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court. (ii) A sitting Judge if appointed as Chairman or member of the Shariat Court shall be entitled to the same salary, allowances, privileges as are admissible to such Judge, before appointment as Chairman or as the case may be, the member in the Shariat Court. 4. Panel of Ulema and Ulema Members.- (1) The President may, in consultation with the Chairman draw up a panel of Ulema who are well-versed in Islamic Law for being associated with the Court in case before it. (2) The Chairman shall, in all cases before the Court, request to One Alim, borne on the aforesaid panel to attend the sittings of the Court as Alim member and, while so sitting, he shall have the same power and jurisdiction, and be entitled to the same privileges, as a member and such allowances as may be determined by the President. 5. Further jurisdiction of the Court.- The Court shall have such other jurisdiction as may be conferred on it by or under any Law. 6. Powers, jurisdiction and functions of the Court.- (1) The Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:- 250 Volume VII (1981 to 1984) (a) the reasons for its holding that opinion; and (b) the Extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam. (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the Law so as to bring such law or provision into conformity with the Injunction of Islam; and (b) such law or provision shall, to the Extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. 7. Powers and procedure of the Court.- (1) For the purposes of the performance of its functions, the Court shall have the powers as are vested in the High Court while exercising original civil jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceedings before the Court under this Ordinance may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (5), a person shall be an ‘aalim' who in the opinion of the Court, is we1l-versed in Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunc- tions of Islam.
251 Volume VII (1981 to 1984)
252 Volume VII (1981 to 1984) (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him. (9) No Court fee shall be payable in respect of any petition or application to the Court under this Ordinance. (10) The Court shall have power to review any decision given or order made by it. 8. Appeal to the Supreme Court.- (1) Any party to any proceedings before the Court under Section 5 aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court. (2) The provisions of sub-section (3) of Section 6 and sub- section (4) to (g) of Section 7 shall app1y to and in relation to the Supreme Court, as of reference to the provisions to Court were a reference to the Supreme Court. (3) For the purpose of the exercise of the jurisdiction confe- rred by this Section, there shall be constituted in the Supreme Court a Bench consisting of two Muslim Judges of the Supreme Court to be called the Shariat Appellate Bench, and reference in the preceding clauses to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench. 9. Bar of Jurisdiction.- Save as provided under this Ordinance no Court or Tribunal, including the Supreme Court and a High Court shall entertain any proceedings or exercise any power or jurisdiction in any matter when the Shariat Court has the power to adjudicate and determine 10. Pending proceedings to continue, etc.- (1) Subject to sub- section (2) nothing in this Ordinance shall be deemed to require any proceedings pending in any Court or Tribunal immediately before the commencement of this Ordinance or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law, for the time being in force. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before the commencement of this Ordinance shall stand transferred to the
253 Volume VII (1981 to 1984) Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Ordinance shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or Tribunal. 11. Administrative arrangements, etc.- The Government shall make all such administrative arrangements, and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court. 12. Power to make rules.- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:- (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court; (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court. (c) the powers and functions of the Court being exercised or performed by the Benches consisting of one or more members constituted by the Chairman; (d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and (e) the decision of case in which the members constituting a bench are equally divided in their opinion. (3) Until rules are made under sub-section (1) of this Section the Shariat Benches of Superior Courts Rules, 1980, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Ordinance, continue in force. 13. The Chairman or member shall take oath as prescribed in the Schedule.
254 Volume VII (1981 to 1984) 14. Repeal.- The Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1981 (Ordinance CXLVII of 1981) is hereby repealed. SCHEDULE 'Chairman or member of Azad Jammu and Kashmir Shariat Court, under Section 3 of Azad Jammu and Kashmir Shariat Court Ordinance, 1980.' I,...... , do solemnly swear that, as the Chairman (or a member) of the Azad Jammu and Kashmir Shariat Court, I will discharge my duties, and perform my functions honestly to the best of my ability and faithfully in accordance with law; And that I will not allow my personal interest to influence my official conduct or my official decisions.
(Mohammad Hayat Khan) President. Azad Jammu & Kashmir. ------Sd/- (Syed Mohammad Akram Shah) Secretary Law.
255 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 08th October, 1981. No. 7628/LD/81. The following Ordinance made by the President on the 07th day of October, 1981, is hereby published for general information:- (ORDINANCE CLXLII OF 1981) AN ORDINANCE to extend the scope and functions of the Pakistan Engineering Council to the territories of Azad Jammu & Kashmir WHEREAS it is expedient to extend the scope and functions of the Pakistan Engineering Council to the territories of Azad Jammu & Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Pakistan Engineering Council (Extension of Scope and Functions to Azad Jammu & Kashmir) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir territory. (3) It shall come in to force at once. 2. Act V etc. to apply to Azad Jammu & Kashmir.- The scope and functions of the Pakistan Engineering Council, hereinafter referred to as the said council incorporated under the Pakistan Engineering Council, Act, 1976 (Act V of 1976), and the Rules and Regulation made thereunder and the administrative orders issued under either of them shall extend mutatis mutandis to the whole of Azad Jammu & Kashmir territory and the said Council shall function in the said Territory as it functions in Pakistan. 3. Application of Articles and Rules.- The Articles of the Pakistan Engineering Council as they are or as they may be amended from time to time and Rules and Regulations made thereunder 256 Volume VII (1981 to 1984) and the Administrative orders issued under either of them shall extend and apply to the Azad Jammu & Kashmir Territory as they apply or may apply to Pakistan. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qurershi) Secretary Law
257 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 14th October, 1981 No. 7673/LD/81. The following Ordinance made by the President on the 13th day of October, 1981, is hereby published for general information. (ORDINANCE CLXLVII OF 1981) AN ORDINANCE to amend the Co-operative Banks (Repayment and Recovery of Loans) Ordinance, 1981. WHEREAS it is expedient to amend the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1981 (Ordinance CLX of 1981) in the manner hereinafter appearing: AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Cooperative Banks (Repayment and Recovery of Loans) (Amendment) Ordinance, 1981. (2) It shall come into force at once.
2. Amendment of Section 2, Ordinance CLX of 1981.- In the Co- operative Banks (Repayment and Recovery of Loans) Ordinance, 1981 (Ordinance CLX of 1981), in Section 2 for clause (a), the following shall be substituted and shall be deemed always to have been so substituted, namely:- “(a) ‘borrower’ means a person who has obtained a loan from a Cooperative Bank or a Cooperative Society or his surety or, in case of a benami loan a person who is the real beneficiary or recipient of the loan, and includes the legal heirs and the successors-in-interest of any such person or surety and also includes those persons and Cooperative Societies who obtained loans from Azad
258 Volume VII (1981 to 1984) Kashmir Government Cooperative Bank Ltd., Muzaffarabad or Central Co-operative Bank Ltd., Muzaffarabad prior to its merger into the Azad Kashmir Government Co-operative Bank.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
259 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 8th November, 1981 No. 8300/SL/81. The following Ordinance made by the President on the 8th day of November, 1981, is hereby published for general information. (ORDINANCE CCXVI OF 1981) AN ORDINANCE to provide for speedy trial of certain offences committed or attempted to be committed by the holders of representative offices. WHEREAS it is expedient to provide for speedy trial of certain offences committed or attempted to be committed by the holders of the representative offices in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Holders of the Representative Offices (Trial of offences) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2. Definitions:- In this Ordinance, unless there is anything repugnant in the subject or contact,- (a) ‘Assembly’ means the Legislative Assembly of Azad Jammu and Kashmir; (b) ‘Chief Executive’ means the Chief Executive of Azad Jammu and Kashmir; (c) ‘Council’ means the Azad Jammu and Kashmir Council constituted under the Azad Jammu and Kashmir Interim Constitution Act, 1974; (d) ‘Government’ means the Azad Government of the State Jammu and Kashmir;
260 Volume VII (1981 to 1984) (e) ‘Holder of Representative Office’ means a person who has held at any time during the period from the 1st December, 1970 to the 31st October, 1977:- (i) under the Azad Jammu and Kashmir Government Act, 1970, the office of President, Speaker, Minister or Member of the Assembly; or (ii) under the Azad Jammu and Kashmir Interim Constitution Act, 1974, the office of President, Speaker, Prime-Minister, Minister, Advisor of the Council or member of the Assembly or of the Council: Provided that for the purposes of this Ordinance any person in respect of whom a nomination paper was filed and he was a candidate for the elections to the Assembly, which were held in the year 1970, 1975 or were to be held at any time during the year 1977 any person who has, at any time, been a President, Assistant, Advisor to President, Advisor or Special Assistant to Prime Minister, during the period December, 1970 and August, 1977, shall be deemed to be a holder of representative office. (f) ‘President’ means the President of Azad Jammu and Kashmir; (g) ‘Scheduled Offence’ means an offence specified in the Schedule; (h) ‘Special Court’ means a Special Court established under this Ordinance and includes a Special Court established at any time before the commencement of this Ordinance; (i) ‘Supreme Court’ means the Supreme Court of Azad Jammu and Kashmir. 3. Ordinance not to derogate from other laws.- The provisions of this Ordinance shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any holder of representative office from any proceeding which might, apart from this Ordinance be instituted against him.
261 Volume VII (1981 to 1984) 4. Establishment of Special Court.- (1) The President may, by notification in the official Gazette, establish one or more Special Courts for the purposes of this Ordinance. (2) Each Special Court shall consist of a person who is or has been a Judge of Supreme Court or High Court. (3) A seat of Special Court established under this Ordinance, or a Special Court established at any time before the commencement of this Ordinance, shall be at Muzaffarabad or at such place as the President may, by notification in the Official Gazette, specify in this behalf. 5. Transfer.- (1) If the President establishes more than one Special Courts, he may, by notification in the Official Gazette, distribute the business among such Courts or direct the transfer of any case from one Special Court to another special Court, whenever it appears to him that such transfer will promote the ends of justice, or tend to the general convenience of parties or witnesses. (2) The Special Court to which such case is transferred shall deal with the same as if it had been originally presented to, such Court. 6. Offence to be tried by Special Court.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, a scheduled offence committed by a holder of representative office shall be tried exclusively by a Special Court. (2) No person shall be prosecuted under the provisions of this Ordinance except with the sanction of the Government; Provided that any sanction accorded under the provisions of the Holders of Representative Offices (Trial of Offences) Ordinance 1978 (Ordinance VIII of 1978) or its succeeding Ordinances issued from time to time for the prosecution of a holder of representative office in one capacity shall be deemed to included all offices held by him for which he has been or may be prosecuted under the provisions of this Ordinance. (3) Any prosecution sanction accorded at any time after the enforcement of the Holders of Representative Offices (Trial of Offences) Ordinance, 1978 (Ordinance VIII of 1978) shall be deemed to have been validly accorded under this Ordinance and shall be conclusive proof of the fact that it was accorded after due process of the case and that it complies with the provisions of the relevant laws.
262 Volume VII (1981 to 1984) (4) The provision of sub-section (2) shall apply to all cases including appeals pending before any Court. (5) The legality or propriety of any order passed by the Government under this Ordinance shall not be called in question in any Court including a Special Court or the Appellate Court thereof. (6) A person who is convicted for a scheduled offence shall stand disqualified for a period of seven years from being elected or chosen as a member of Assembly or of the Council. 7. Powers and procedure of Special Court.- (1) A Special Court may pass any sentence authorized by law and shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act V of 1898), on a High Court exercising original jurisdiction. (2) Notwithstanding anything contained in any other law for the time being in force, a scheduled offence shall be tried under the provisions of this Ordinance and a Special Court shall also have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (3) No trial before a Special Court shall be adjourned for any purpose unless the Special Court is of opinion that the adjournment is necessary in the interests of justice, and, in particular, no trial shall be adjourned by reason of the absence of the accused person due to illness, or if the absence of the accused or his Counsel has been brought about by the accused person himself, or if the behaviour of the accused person prior to such absence has been, in the opinion of the Special Court, such as it impede the course of justice but, in any such case, the Special Court shall proceed with the trial as it may deem appropriate. (4) A Special Court shall not, merely by reason of a change in its composition, be bound to recall and rehear any witness who has given evidence and may act on the evidence already recorded by or produced before it. (5) A Special Court shall have the powers of a High Court to punish its own contempt. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), when a person is accused of more offences than one, he may be charged with, and tried at one trial, for any number of them, irrespective of the kind of such offences or of the time at which, or the person in respect of whom, any of them may have been committed.
263 Volume VII (1981 to 1984) (7) No formal complaint or investigation by a Public Servant sanction for prosecution except under Section 6(2) required by any law relating to the offences mentioned in the Schedule shall be necessary for taking cognizance of an offence when the trial is to be held under the provisions of this Ordinance nor any period of limitation prescribed by any law shall bar a trial under this Ordinance. (8) A Special Court may convict a person of any scheduled offence proved on the basis of evidence produced before it, notwithstanding the fact that the accused was not charged for the same. 8. Accused person to be competent witness.- Any person charged with a scheduled offence shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person together with him at the same trial; Provided that:- (a) he shall not be called as a witness except on his own request; (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against him or any person charged with him at the same trial; (c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which is charged, or is of bad character, unless:- (i) the proof that he has committed or been convicted of such offence is admissible in evidence to show that he is guilty of the offence with which he is charged; or (ii) he has personally or by his pleader asked questions from any witness or the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature of conduct of the defense is such as to involve imputations on the character of the prosecutor or of any witness for prosecution; or (iii) he has given evidence against any other person charged with the same offence.
264 Volume VII (1981 to 1984) 9. Public Prosecutor.- The Government may appoint one or more Special Public Prosecutors to conduct the prosecution in a case triable by a Special Court and every such Special Public Prosecutor shall be deemed to be a Public Prosecutor for the purposes of the Code of Criminal Procedure, 1898 (Act V of 1898). 10. Appeal.- Any person sentenced by a Special Court under the Ordinance may, within thirty days of the decision of the Special Court, prefer an appeal to the Supreme Court. 11. Appeal in case of acquittal.- The Government may, in a case, direct the Special Public Prosecutor to present an appeal to the Supreme Court within six months from an order or order of acquittal passed by a Special Court under this Ordinance. 12. Bar of jurisdiction.- Save as provided in Section 10, no Court shall have any jurisdiction of any kind in respect of any order sentence or proceedings of a Special Court. 13. Power to amend the Schedule.- The Government may, by notification in the official Gazette, omit any entry from, or added an entry to, the Schedule. 14. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all action taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of Holders of Representative Offices (Trial of Offences) Ordinance, 1978 (Ordinance VIII of 1978) or its succeeding Ordinance issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercise under this Ordinance. THE SCHEDULE (See Section 2 and 13) 1. Offences punishable under Sections 403 to 406, 409, 417 to 420, 465 to 468, 471 and 477-A of Penal Code (Act XLV of 1860) and as attempts, abetments and conspiracies in relation thereto or connected therewith. 2. Offences punishable under the Arms Act, 1878 (II of 1878). 3. Offences punishable under the Income Tax Act, 1922 (XI of 1922). 4. Offences punishable under the Official Secret Act, 1923 (XIX of 1923) 5. Offences punishable under the Forest Regulation, 1930 (II of 1930) 265 Volume VII (1981 to 1984) 6. Offences punishable under the Foreign Exchange Regulations – Act,( VII of 1947). 7. Offences punishable under the Official Misdemeanour Act, 1948 8. Offences punishable under the Prevention of Corruption Act, 1950 and as attempts, abetments and conspiracies in relation there to or connected therewith. 9. Offences punishable under the Waqf Properties Act, 1860 (IX 1860) 10. Offences punishable under the Evacuee Property (Multiple Allotment) Act, 1961 (I of 1961). 11. Offences punishable under the Public Office (Misconduct) Ordinance, 1965 (X of 1965). 12. Offences punishable under the Legislative Assembly (Elections) Ordinance, 1970 (X of 1970). 13. Offences punishable under the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1979. 14. Offences punishable under the Ministers, Members of Assembly and Council (Declaration of Assets) Ordinance, 1979. 15. “Offences punishable under the Azad Jammu and Kashmir transfer of properties (Prohibition) Ordinance, 1980.” 16. The new Mirpur Town Allotment of Land, Act 1964 (Act II of 1964). 17. The Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974). (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
266 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 12th November, 1981 No. 8349/LD/81. The following Ordinance made by the President on the 10th day of November, 1981, is hereby published for general information. (ORDINANCE CCXVIII OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1981. WHEREAS it is expedient to amend the Local Government Ordinance, 1981 (Ordinance CCXI of 1981) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section Schedule, Ordinance (CCXI of 1981).- In the Azad Jammu and Kashmir Local Government Ordinance, 1981 (Ordinance CCXI of 1981), in the Second Schedule, in Part-II, in item No. 2, after Clause (o), the following new clause (p) shall be inserted namely:- “(p) if he is a member or worker of a political party.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
267 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 12th November 1981 No. 8369/LD/81. The following Ordinance made by the President on the 12th day of November, 1981, is hereby published for general information:- (ORDINANCE CCXIX OF 1981) AN ORDINANCE to provide law relating to the disqualification for membership of the Assembly and Council; WHEREAS it is expedient to provide for law relating to disqualification for membership of the Assembly and Council in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Holders of Representative Offices (Disqualification) Ordinance, 1981. (2) It extends to the whole of Azad Jammu & Kashmir and shall also apply to all type of cases pending in any Court or tribunal and all state subjects wherever they may be. (3) It Shall Come into force at once and shall be deemed to have taken effect on and from the 13th day of March, 1978. 2. Definition.- In this Ordinance , unless there is any thing repugnant in the subject or context. (a) “Assembly” means the Legislative Assembly of Azad Jammu and Kashmir ; (b) “Chief Secretary” means the Chief Secretary of the Azad Government of the State of Jammu and Kashmir; (c) ‘Council’ means the Azad Jammu & Kashmir Council constituted under the Azad Jammu & Kashmir Interim Constitution Act, 1974;
268 Volume VII (1981 to 1984) (d) ‘Chief Executive’ Means the Chief Executive of Azad Jammu & Kashmir (e) ‘Disqualification Tribunal’ means a Disqualification Tribunal established under this Ordinance and includes a Disqualification Tribunal established at any time before the commencement of this Ordinance; (f) ‘Government’ means the Azad Government of the State of Jammu & Kashmir; (g) ‘Holders of Representative Office’ means a person who has held at any time during the period from the 1st December ,1970 to the 31st October , 1977.- (i) under the Azad Jammu & Kashmir Government. Act, 1970 or during the period the said Act was enforce, the office of President , Presidential Assistant, Minister or Member of Assembly; or (ii) under the Azad Jammu & Kashmir Interim Constitution Act, 1974, the office of the President , Prime Minister , Speaker, Minister, Advisor of the Council or Member of the Assembly or of the Council: Provided that for the purposes of this Ordinance , any person in respect of whom a nomination paper was filled and he was a candidate for the elections to the Assembly, which were held in the year, 1970, 1975, or were to be held at any time during the year, 1977, or any person who has , at any time, been an Advisor to the President , Advisor or Special Assistant , to Prime Minister , during the period December, 1970 and August, 1977, shall be deemed to be a holder of representative office. (h) ‘mis-conduct’ in relation to a holder of a representative office refers to conduct after January, 1970, and includes rigging of an election , bribery, corruption , jobbery, favoritism, nepotism, willful, mal –administration, willful mis-application or diveration of public money or moneys collected whether by public subscription or otherwise or owing or having in his possession or under his control, directly or indirectly , either in his own name or in the name of any other person, any assets, pecuniary resources or property whether within or outside Azad Jammu & Kashmir, disproportionate to his known or disclosed sources of income, and any other abuse of whatsoever kind of power or position, contravention of any of the provisions of the Ministers, Members of Assembly and Council (Declaration of
269 Volume VII (1981 to 1984) Assets) Ordinance ,1978 and includes any attempt at , or abetment in respect thereof; (i) “Public Money” shall include money collected ,wether by Public subscription or otherwise and deposits in co-operative banks, whether dissolved or in existence; (j) “ Respondent” means the person in respect of whom a reference is made under sub-section (1) of section 5; (k) “ Rigging of Election” includes any act or thing done by any person , either directly or indirectly with a view to seeing that an election is not conducted honestly, justly , fairly, or in accordance with law and includes an act calculated to influence the result of an election to a seat of Assembly in a fraudulent , underhand or illegal manner , including utilization of Government funds and vehicles in Azad Kashmir or Pakistan or funds and vehicles obtained from any other source outside Azad Jammu & Kashmir ; and (l) “Supreme Court’ means the Supreme Court of Azad Jammu and Kashmir. 3. Establishment of Dis-qualification Tribunals.- (1) The Chief Executive may establish such number of dis-qualification tribunals as he may deem necessary. (2) The Chief Executive if he so deems necessary , may abolish any disqualification tribunal established under sub- section (1) and any case pending before the tribunal so abolished shall be returned to the referring authority who may refer it to any other disqualification tribunal or dispense with such such reference. (3) A Disqualification Tribunal may consist of two or more members from the following:- (i) a person who is a Judge of the Supreme Court or High Court of Azad Jammu & Kashmir; (ii) an officer of the Armed Forces not below the rank of Brigadier or equivalent ; (iii) a person who is or has been exercising the powers of a Sessions Judge; (iv) a Magistrate of the First Class. (4) The Chief Executive may appoint a Chairman from amongst the members. 4. Transfer.- (1) If the Chief Executive establishes more than one Dis-qualification Tribunals, he may, by notification in the 270 Volume VII (1981 to 1984) official Gazette , distribute the business among such Tribunals or direct the transfer of any reference from one Tribunal to another Tribunal , whenever it appears to him that such transfer will promote the ends of Justice, or tend to the general convenience of parties or witnesses. (2) The Tribunal to which such reference is transferred shall deal with the same as if it had been originally referred or presented to, such Tribunal. 5. Cases to be Enquired into by the Dis-qualification Tribunal.- (1) A Dis-qualification Tribunal shall not proceed to enquire into any charge of mis-conduct against a holder of representative office expect on a reference in writing made to it by the Chief Secretary or an officer nominated in this behalf , by the Chief Executive. (2) Nothing contained herein or in any other law for the time being in force, shall preclude the Chief Secretary or the officer so nominated from making supplementary or successive references to Dis-qualification Tribunal in respect of any holder of representative office to enquire in to any charge of mis- conduct not previously referred to it not withstanding that on an earlier reference in respect of such holders of representative office the Dis-qualification Tribunal has given its findings. (3) When the Chief Secretary or the Officer so nominated , on the basis of the material placed before him, desides to make a reference to the dis-qualification Tribunal in respect of a holder of representative office, the Chief Secretary or the officer , as they case may be shall notified this fact in the official Gazette: Provided that in case of supplementary or successive reference no fresh notification shall be required. (4) On receiving a reference under sub-section (1), the dis- qualification Tribunal shall scrutinize the necessary records forwarded to it by the Chief Secretary or by the officer, nominated in this behalf, relating to the charge mentioned in the reference, and -- (a) if , as result of such scrutiny , it is of the opinion that no charge can be established return the reference to the Chief Secretary or the officer, as the case may be , together with its opinion thereon; and (b) in other case , issue notice to the respondent requiring him to show cause why he should not proceeded against under this Ordinance.
271 Volume VII (1981 to 1984) 6. Powers and Procedure of Dis-qualification Tribunal.- (1) A dis-qualification Tribunal shall have the powers of a Civil Court while trying a suit under the Court of Civil Procedure , 1908, in respect of the following matters, namely:- (a) Summoning and enforcing the attendance of any person any examining him on oath; (b) Requiring discovery and production of any documents from any person; (c) Receiving evidence on affidavits; (d) Issuing Commission for the examination of witnesses or documents; and (e) Requisitioning any public record or copy thereof from any Court, office, bank or any other establishment, company or body corporate. (2) Proceeding before Dis-qualification Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Penal Code. (3) Notwithstanding anything contained in any other law for the time being in force, but subject to rules made under section 15 of this Ordinance a Dis-qualification Tribunal shall have the power to conduct its proceedings and regulate its procedure in all respects in any manner it deems fit and may refuse to examine any witness or summon any document. A Dis-qualification Tribunal shall consolidate more than one references made to it in respect of the same person. (4) Notwithstanding anything contained in any other law for the time being in force, a Dis-qualification Tribunal may received in evidence- (a) Statement recorded and the findings arrived at in any judicial inquiry held under any law for the time being in force; (b) Any statement recorded by a Magistrate , being a statement made by any person whom at the time of the trail, is dead , or can not be found or whose attendance cannot be procured without any amount of delay or expanse which the Dis-qualification Tribunal considers unreasonable in the circumstances; (c) Any statement or confession of an accused person recorded by a Magistrate under the Criminal Procedure Code , whether before or after the registration of case triable by the disqualification tribunal; 272 Volume VII (1981 to 1984) (d) No objection to any document or property seized in the course of an investigation being received or produced in evidence shall be entertained on any ground whatsoever. (5) Where it is proved that a holder of representative office, owns or has in his possession or his control, directly, indirectly in his name or in the name of any other person assets, pecuniary resources or property, whether within or outside Azad Jammu and Kashmir , disproportionate to his known or disclosed sources of Income , it shall be presumed unless the contrary is proved, that he acquired or obtained such assets, pecuniary resources or property , as the case may be, by corrupt or illegal practice or means. (6) A Disqualification Tribunal shall have the same power to punish it own contempt as the High Court has under the contempt of court act, 1926. (7) If , in the course of hearing , a member of Disqualification Tribunal is ,for any reason , unable to attend any setting thereof , the proceedings before a Disqualification Tribunal is question may continue before the other member of the Disqualification Tribunal. (8) A Disqualification Tribunal shall not, merely by reason of any change in the composition or the absence of any of its members be bound to recall and rehear any witness who has already given any evidence and may act on the evidence already given or produce before it. (9) In the event of any difference of opinion among the members of a Disqualification Tribunal, the matter shall be referred by it to the Chief Justice of Azad Jammu & Kashmir, whose decision shall be final. (10)(a) A Disqualification Tribunal shall expeditiously dispose of the cases referred to it and shall proceed with all deliberate speed and shall not adjourn the proceedings unless it considers it necessary in the interest of justice to do so. (b) A Dis-qualification Tribunal shall not be required to write a detail judgment, it may express its conclusions and the findings in the form of a short order. (11) No party to the proceedings before a disqualification tribunal shall be entitled to be represented by a legal practitioner. Explanation.- A Public Prosecutor , a Prosecuting Deputy Superintendent of Police , a Prosecuting Inspector shall not be
273 Volume VII (1981 to 1984) deemed to be a legal practitioner, with in the meaning of sub-section (11). (12) The Chief Secretary may nominate one or more representative to represent him before a Disqualification Tribunal or a Court of Appeal , as the case may be. 7. Enquiry by Dis-qualification Tribunal.- (1) In a case under clause (b) of sub-section (4) of section 5 , the Dis-qualification Tribunal shall, after such scrutiny of records and such enquiry as it thinks fit and after giving the respondent on opportunity of being heard, record its finding whether or not the respondent is guilty of mis-conduct and cause it finding to be published in the official Gazette soon after. (2) A Dis-qualification Tribunal may proceed against a respondent on whom a notice under clause (b) of sub-section (4) of section 5 cannot be served because his address is not ascertainable or who is abscoding, in his absence. (3) In a case where ex-parte proceedings have been ordered or an ex-parte decision has been made by a Dis-qualification Tribunal against a respondent, the said respondent may apply within a period of 15 days from the commencement of Ordinance No.XXII of 1979, for an order to set it aside and the Tribunal shall make an order setting aside the order or decision, as the case may be, upon such terms as it thinks fit. (4) A respondent may be found guilty of mis-conduct by the Dis-qualification Tribunal on any one or more of the charges against him. (5) If a Dis-qualification Tribunal finds a respondent guilty of mis-conduct , he shall stand disqualified for a period of seven year from being elected or chosen as a member of Assembly or of the Council and he shall not, with effect from the date of such finding, participate in any manner whatsoever directly or indirectly in any political activity , close door or otherwise , until the aforesaid period has elapsed. (6) Any person who contravences, or abets the contravention of the provision of sub-section (5) , shall be punishable with rigorous imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both. 8. Proceedings before a Disqualification Tribunal under the provisions of the holder of representative offices (Disqualification) Ordinance , 1978 (Ordinance IX of 1978) or it succeeding Ordinances, issued from time to time , shall be 274 Volume VII (1981 to 1984) deemed to be of civil nature and verdict of misconduct or disqualification emanating from such verdict shall not be construed to mean a punishment or penalty of an offence. 9. (1) Any person , wherever he may be , who has been found of misconduct by a Disqualification Tribunal established under any law relating to disqualification for the membership of Parliament or of Provincial Assembly for the time being in force in Pakistan shall not participate in any manner whatsoever, directly or indirectly in any political activity , close door or otherwise, until a period of seven years has elapsed following the decision of that Tribunal. (2) Any person who contravenes , or abets the contravention of the provision of sub-section (1) , shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both. 10. Appeals to the Supreme Court.- Any party aggrieved by a final order passed by a disqualification tribunal may ,within thirty days of the date of such order or within thirty days of the commencement of Ordinance XXXIV of 1979, whichever is later, prefer an appeal to the Supreme Court of Azad Jammu & Kashmir. 11. A holder of representative office who has been on conviction for any offence by a Court of Law sentenced to imprisonment for a term not less than two years, shall stand disqualified for a period of seven years from being elected or chosen as a member of Assembly or of the Council and in respect of such person no reference to a Disqualification Tribunal shall be required or made. 12. (1) No person wherever he may be , in respect of whom a notification has been issued under sub-section (3) of section 5 , shall with effect from the date of such notification , participate in any manner whatsoever directly or indirectly in any political activity , closed door or otherwise , until a disqualification tribunal finds him not guilty of misconduct a period of seven years has elapsed . (2) Any person who contravenes , or obets the contravention of the provisions of sub-section (1) , shall be punishable with rigorous imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees or with both.
275 Volume VII (1981 to 1984) 13. Cognizance of offence.- Notwithstanding any thin contained in the code of Criminal Procedure 1898(Act V of 1898) or in any other law for the time being in force , the offences under this Ordinance shall be cognizable , non-bailable and triable by Court of Session. 14. Bar of Jurisdiction.- No Court shall have any jurisdiction of any kind to question the competence of a Disqualification Tribunal or the legality or proprietry of any order , finding or proceedings of a Disqualification Tribunal. 15. Ordinance not to derogate from other laws.- The provisions of this Ordinance shall be in addition to and not in derogation of any other law for the time being in force and nothing in this Ordinance shall prevent or prejudice the trail or punishment of any person under any other such law. 16. Power to make rules.- The Chief Executive , or a person authorised by him in this behalf , may make rules for carrying out the purposes of this Ordinance. 17. Savings.- Notwithstanding any judgment , decree or order of any Court including High Court, everything done , all actions taken , notifications issued , orders or appointments made , proceedings initiated , jurisdiction or powers exercised under the provisions of the Holders of Representative Offices (Disqualification) Ordinance, 1978(Ordinance IX of 1978) or it succeeding Ordinances issued time to time shall be deemed to have been validly done , take, issued, made , initiated , or exercised under this Ordinance. 18. Repeal.- The Holder of Representative Offices (Disqualification) (Amendment) Ordinance, 1981 (Ordinance CL of 1981) is hereby repealed. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qurershi) Secretary Law
276 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 14th November, 1981 No. 8422/LD/81. The following Ordinance made by the President on the 13th day of November, 1981, is hereby published for general information. (ORDINANCE CCXXII OF 1981) AN ORDINANCE to amend the Holders of Representative Offices (Disqualification) Ordinance, 1981. WHEREAS it is expedient to amend the Holders of Representative Offices (Disqualification) Ordinance, 1981 (Ordinance CCXIX of 1981) for the purposes hereinafter appearing: AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Holders of Representative Offices (Disqualification) (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance CCXIX of 1981.- In the Holders of Representative Offices (Disqualification) Ordinance, 1981 (Ordinance CCXIX of 1981), in Section 6, in sub-section (9), for the words “Chief Justice” with words “Supreme Court” shall be substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
277 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 21st November, 1981. No. 8546/LD/81. The following Ordinance made by the President on the 17th day of November, 1981, is hereby published for general information. (ORDINANCE CCXXVI OF 1981) AN ORDINANCE to amend the Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Ordinance, 1981. WHEREAS it is expedient to amend the Protection of Forests and Distribution Timber Ordinance, 1981, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Protection of Forest and Distribution of Timber (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 4, Ordinance CLXLIV of 1981.- In the Azad Jammu and Kashmir Protection of Forests and Distribution of Timber Ordinance, 1981 (CLXLIV of 1981) in Section 4, in sub-section (2), for the words “rupees one thousand” the words “rupees two thousand” shall be substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
278 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 20th November, 1981 No. 8544/LD/81. The following Ordinance made by the President on the 20th day of November, 1981, is hereby published for general information. (ORDINANCE CCXXVII OF 1981) AN ORDINANCE to amend the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968. WHEREAS it is expedient to amend the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Logging and Saw Mill Corporation (Amendment) Ordinance, 1981. (2) It shall come into force at once.
2. Amendment of Section 6, Ordinance IV of 1968.- In the Azad Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968) in Section 6, for sub-section ((3) for following shall be substituted, namely:- “(3). Secretary AKMIDC or any other officer nominated by the Board shall act as Secretary to the Board of Directors AKLASC.”
3. Saving.- Notwithstanding any judgment, or decree or order of any Court including High Court, everything done, all action taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the
279 Volume VII (1981 to 1984) provisions of the Azad Kashmir Logging and Saw Mill Corporation (Amendment) Ordinance, 1977 (Ordinance XXII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
280 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR,LAW & PARLIAMENTARY AFFAIRS SECRETARIAT,MUZAFFARABAD. Dated the 29th November, 1981. No. 8769/LD/81. The following Ordinance made by the President on the 29th day of November, 1981, is hereby published for general information:- (ORDINANCE CCXXXI OF 1981) AN ORDINANCE to provide relief to the distressed persons in Azad Jammu and Kashmir WHEREAS it is expedient to provide relief to the distressed persons in Azad Jammu and Kashmir; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41, of the Azad Jammu and Kashmir Interim Constitution Act, 1974 the President is pleased to make and promulgate the following Ordinance :- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Distressed persons Relief Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say:- (a) "Competent Officer or Board of officers" means an officer or Board appointed by the Government to function as such under Section 4 of this Ordinance; (b) "Distressed person" means and includes any person who lives in Azad Jammu and Kashmir and who -- (i) has been physically or financially damaged on account of any accident, fire, epidemic, rains, or any other calamity and in the opinion of the competent officer or Board of officers deserves aid or relief in order to enable him to continue
281 Volume VII (1981 to 1984) the normal pursuits of his life for the time being or till the effects of the damage sub-sidize, or (ii) is dependent of a person who has lost his life in an accident, fire, epidemic, rains or any other calamity and in the opinion of the competent officer or Board of officers it is expedient to provide him relief ; (c) "Government" means the Azad Government of the State of Jammu and Kashmir; (d) "The Distressed Persons Relief Fund" means a fund created or established as such and operated under this Ordinance; (e) "State Subject" means a State Subject as defined under the Dogra Regime Government Notification No. I-L/84, dated the 20th April 1927. 3. The Distressed Persons Relief Fund.- The Government may establish a fund to be called "the Distressed Persons Relief Fund" (hereinafter referred to as "the fund") in order to meet the requirements for relief of distressed persons under this Ordinance or rules made there under. 4. Competent officer or Board of officers.- The Government may appoint or nominate a competent officer or Board of officers to make recommendations to the Government about the distressed person entitled to get relief out of the fund referred to in Section 3. In making recommendations to the Government under this Section, the competent officer or Board of officers shall be guided by the rules made under this Ordinance and the assessment made by the Assessment Committee appointed by the Government for relief assessment purposes. 5. Recommendations.- In making recommendations to the Government the competent officer or the Board of officers referred to in the foregoing section, may recommend- (i) the person or persons who deserve relief under this Ordinance; (ii) the amount of relief; (iii) manners in which relief is to be given; (iv) the period for which relief is to continue; Provided that the maximum relief which can be granted to an individual or Collective cases shall not exceed ten percent of the total loss assessed.
282 Volume VII (1981 to 1984) Provided further that in individual cases the relief shall be given in very exceptional and hard cases. 6. Orders.- On receipt of the recommendations of the competent officer or the Board of officers, Government may accept, rescind or modify the recommendations or pass such other orders as it deems fit. 7. Power to make rules.- (1) The Government may, by notification in the official Gazette make rules for carrying out the purposes of this Ordinance. (2) In the particular and without prejudice to the generality of the foregoing provision, such rules may provide- (a) The amount of relief for different categories of the distressed persons; (b) the manners in which preliminary enquiries should be made; (c) the manners in which different accounts, entries or certificates are to be maintained, made or given in this behalf; (d) such other matters as are necessary to facilitate to operation of this Ordinance. 8. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Distressed Persons Relief Ordinance, 1980 (Ordinance CXXX of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
283 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 26th December, 1981. No. 9417/LD/81. The following Ordinance made by the President on the 26th day of December, 1981, is hereby published for general information:- (ORDINANCE CCXLIII OF 1981) AN ORDINANCE to provide for the law relating to the repayment and recovery of loans advanced by the Cooperative Banks WHEREAS on account of promulgation of Establishment of the Federal Bank for Cooperatives and Regulation of Cooperative Banking (Adaptation) Ordinance, 1977 all the Cooperative Banks except the Azad Kashmir Government Cooperative Bank, in Azad Jammu and Kashmir territory, functioning on or before the 7th January, 1977 have ceased functioning as such and banks and heavy loans advanced by these banks are outstanding; AND WHEREAS it is expedient to provide for the repayment and recovery of these loans in order to facilitate the payment to the depositors and creditors of these banks; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1981. (2) It extends to the whole of Azad Jammu and Kashmir territory and shall apply to the debtors and borrowers of the Cooperative Banks wherever they may be. (3) It shall come into force at once and shall be deemed to have taken effect on and from the 26th day of December, 1977 and shall override all other laws. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,-
284 Volume VII (1981 to 1984) (a) 'Borrower' means a person who has obtained loan from a cooperative Bank or Cooperative Society or his surety, or, in case of a benami loan, and includes the legal heirs and the successors-in-interest of any such person or surety and also includes those person and Cooperative Societies who obtained loans from Azad Kashmir Government Cooperative Bank Ltd. Muzaffarbad prior to its merger into the Azad Kashmir Government Cooperative Bank”; (b) 'Cooperative Bank' means a Cooperative Society carrying on banking business immediately before coming into force of the Establishment of Federal Bank for Cooperatives and Regulation of Cooperative Banking (Adaptation) Ordinance, 1977; (c) 'Cooperative Society' means any society established and registered under the provisions of the Cooperative Societies Act, 1925 or under any other law for the time being in force relating to the registration of Cooperative Societies; (d) 'Government' means the Azad Government of the State of Jammu and Kashmir; (e) 'Loan' includes a benami loan, an advance, a cash credit an overdraft, a packing credit, a bill discounted and purchased, letter of credit, any other financial accommodation or engagement provided by a Cooperative Bank to a borrower or any transaction which in the opinion of the Registrar is in substance a loan whether based on a valid instrument or not. Explanation.- 'Benami loan' means a loan the real beneficiary or recipient whereof is a person other than the person in whose name the loan is advanced or granted. (f) 'Registrar' means the Registrar Cooperative Societies, Azad Government of the State of Jammu and Kashmir or any other officer specially appointed or empowered as such by the Government; (g) 'Provincial Cooperative Bank' means Azad Kashmir Government Cooperative Bank Ltd. or any co-operative Society as defined and notified under clause (p) of Section 2 of the 'Establishment of Federal Bank for Cooperatives and Regulation of Cooperative Banking
285 Volume VII (1981 to 1984) Ordinance, 1976, as adapted in Azad Jammu and Kashmir; (h) 'Unsecured or insufficiently secured loan' means a loan which is not secured by mortgage, pledge, hypothecation, assignment of such property of the borrower or of his surety or of both as the Registrar may think adequate. 3. Payment and Securing of Loans.- Notwithstanding anything contained in any other law for the time being in force or in any agreement or other instrument, award or decree of any Court, every loan payable to a cooperative' bank shall, unless repaid earlier, be repaid to the Provincial Cooperative Bank in case of Cooperative Banks which stand dissolved under Section 42, subsection (4) of the Establishment of the Federal Bank for Cooperative and Regulation of Cooperative Banking Ordinance, 1976, as adapted in Azad Jammu and Kashmir, and to the successor Cooperative Society in case of Cooperative Banks which have been converted into non-banking societies under sub-section (5) of the said section, in the following manner, that is to say:- (a) not less than twenty percent of the loan shall be paid within sixty days from the commencement of the Ordinance No. XXXIV of 1977 or in such extended period not exceeding thirty days as the Registrar may fix; (b) the balance of the loan after payment as aforesaid shall, within one month from the expiry of the period mentioned in clause (a), be secured by mortgage, pledge, hypothecation or assignment of such property of the borrower or his surety or of both as the Registrar may think adequate and shall be repaid in such installments within a period not exceeding one year from the commencement of the Ordinance No. XXXIV of 1977 as the Registrar directs: Provided that the Registrar may, if he considers necessary in case in which not less than fifty percent of the loan has been repaid within the aforesaid period of one year, extend the period by a further period and such further period shall not exceed nine months. 4. Recovery of Loans.- (1) If the amount of any loan or any part thereof to be repaid in accordance with the provisions of section 3, is not paid within the period or periods specified in the said section, the same may be recovered by the Registrar according to 286 Volume VII (1981 to 1984) the law and under the rules for the time being in force for the recovery of arrears of land revenue and while doing so he may exercise all or any of the powers of Collector under the Land Revenue Act and the rules made thereunder. (2) Where – (a) the borrower is a company, partnership or association of persons and the assets of such company, partnership or association are not sufficient to meet the total liability, including the loans payable under this Ordinance of such company, partnership or association; (b) the borrower is an individual person and his assets are not sufficient to meet his total liability; and the Registrar is of the opinion, after such enquiry as he may deem fit, to hold in the matter, that the loan has been appropriated by any director, share-holder, partner or member, as the case may of such company, partnership or association or any other person and, in case of an individual borrower by any other person than the borrower himself, the loan shall be recoverable from the person who has appropriated the loan as aforesaid and his assets as if the loan had been taken by him. (3) The recovery under this section shall not save a borrower from any other means of recovery or punishment provided in this Ordinance or rules made thereunder or under any other law for the time being in force. 5. (1) In respect of Cooperative Banks which stand dissolved by the operation of section 42, sub-section (4) of the Establishment of Federal Bank for Cooperatives and Regulation of Cooperative Banking Ordinance, 1976, as adapted in Azad Jammu and Kashmir, the Provincial Cooperative Bank and in respect of the cooperative banks which have been converted into non-banking societies under subsection (5) of section 42 of the said Ordinance, such societies, shall, within thirty days of the commencement of this Ordinance, or within such extended period as the Registrar may allow, furnish to the Registrar full particulars in respect of all cases of loans required to be repaid under section 3. (2) On receipt of information under sub-section (1) in respect of any loan the Registrar may cause notice to be issued to the borrower requiring him to repay and secure the loan . (3) Where any borrower to whom notice under sub-section (2) is issued doss not admit the loan or any liability arising there
287 Volume VII (1981 to 1984) from, he shall within thirty days of the receipt of notice, or within such further period as the Registrar may, in special circumstances allow, submit either personally or by registered post (acknowledgement due), a written statement to that effect to the Registrar, who thereupon shall cause notice to be issued to the Bank or society concerned, and shall, after making such inquiry as he considers necessary, and giving the parties reasonable opportunity of being heard, decide about the liability. (4) The decision of the Registrar under sub-section (3) shall be final and shall not be called in question in any Court. 6. Power of Registrar when making Inquiry.- The Registrar shall, for the purpose of making any inquiry under this Ordinance, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery or production of any document; (c) requisitioning any public record from any Court or office; (d) issuing commission for the examination of witness; (e) appointing guardians or next friends of persons who are minors or of unsound mind; (f) adding legal representatives of deceased borrowers or sureties; (g) substituting the names of rightful parties; (h) Consolidation of cases; and (i) any other matter which may be prescribed by rules, made under Section 7. 7. Rules.- The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. 8. Detention in Civil Prison.- The Registrar may send a borrower or debtor or his surety to Civil Prison if any one of them is not ready or had failed to furnish security to the satisfaction of the Registrar when so required by him under Section 3 and may keep them or any one of them in the prison till such security is furnished or the outstanding loan is repaid by them or any one of them. 9. Restrictions on Alienations:- (1) Where any person borrower has, on or after the 7th day of January, 1977, alienated any 288 Volume VII (1981 to 1984) property by sale, exchange, gift, mortgage or will, otherwise than by or under an order or decree of a Court or with the special permission of the Government, granted by an order in writing, subject to such conditions as may be specified therein, such alienation shall not operate to transfer any right, title or interest in the property of the borrower unless the loan due from the borrower has been repaid. (2) Any alienation as aforesaid shall become void upon a declaration to that effect made by the Registrar and published in the official Gazette and this declaration shall have effect of and be acted upon as a decree of a Civil Court . (3) Any party aggrieved by a declaration made by the Registrar under sub-section (2) may prefer an appeal to Government against such declaration and the order made by Government on such appeal shall be final and shall not be open to question in any Court. 10. Punishment.-(1) Whoever contravenes any of the provisions of this Ordinance or the rules made there under shall be punishable with imprisonment for a term which may extend to seven years or with fine , or with both: Provided that the proceeding under this sub section or any result thereof shall not save a barrower from any other means of recovery or punishment provided in this ordinance or the rules made there under or under any other law for the time being in force. (2)- Any person who obstructs or resists the enforcement of any order made under this ordinance shall be punished with rigorous imprisonment which may extend to seven years, or with fine, or with both. 11. Cognizance of Offence.- (1) Offences under this Ordinance shall be cognizable and non-bailable. (2) Notwithstanding anything contained in any other law for the time being in force offences under this Ordinance shall be triable by a Magistrate of the First Class. 12. Assistance to Registrar.- All officers and servants of the Government shall assist the Registrar in the performance of his functions. 13. Bar of Jurisdiction.- (1) No Court or other authority shall have jurisdiction:- (a) to entertain or adjudicate upon any matter which the Government, or the Registrar is empowered by or under this
289 Volume VII (1981 to 1984) Ordinance or the rules, framed there under to dispose of or determine; or (b) to question the legality or validity of anything done under this Ordinance or the rules framed there under by the Government or the Registrar. (2) No Court or other authority shall be competent to grant an injection or other order in relation to any proceeding before the Government, the Registrar or anything done or to be done by or at the instance of the Government, the Registrar under this Ordinance or the rules framed there under. (3) Any proceeding pending before any Civil Court, including the High Court and the Supreme Court, in respect of any matter to which this Ordinance relates, shall abate forthwith and no such proceeding shall henceforth be taken cognizance of by any such Court. 14. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Cooperative Banks (Re-payment and Recovery of Loans) Ordinance, 1977 (Ordinance XXXIV of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validity done, taken, issued, made, initiated or exercised under this Ordinance. 15. Repeal.- The Cooperative Bank(Repayment and Recovery of loans) Ordinance,1981(Ordinance CLXLVII of1981) is hereby repealed. (Mohammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/-(Syed Atta Mohy-ud-Din Qadri) Deputy Secretary Law
290 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd January, 1982 No. 265/LD/82. The following Ordinance made by the President on the 2nd day of February, 1982, is hereby published for general information:-- (ORDINANCE III OF 1982) AN ORDINANCE to provide for law relating to the Acquisition of Land or Housing and Development Schemes in Azad Jammu and Kashmir and for matter ancillary thereto WHEREAS it is expedient to provide for law relating to Acquisition of Land for Housing and Development Schemes, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance unless there is anything repugnant in the subject or context,- (a) ‘Collector’ means the Collector of a District and includes any Officer specially empowered by the Government to perform the functions of a Collector under this Ordinance; (b) ‘Development Scheme’ means any public welfare Scheme including Water Supply, Roads, public buildings, Electric installations and land used for Industrial proposes or any other similar purpose specified by the official Development Agency.
291 Volume VII (1981 to 1984) (c) ‘Commissioner’ means the Chief Officer incharge of Revenue and General Administration of Azad Jammu and Kashmir; (d) ‘Deputy Commissioner’ means the Chief Officer incharge of the General Administration of a District. (e) ‘Government’ means the Azad Government of the State of Jammu and Kashmir. (f) ‘Official Development Agency’ means any nation building Department and includes: (i) Autonomous and Semi-autonomous bodies established as such under any law for the time being in force; (ii) any Organization or Organizations that the Government may declare to be official Development Agency; (g) ‘Housing Scheme’ means a scheme which provides for residential site houses or apartments including ancillary land uses such as- (i) building and other facilities for health, education, culture, transportation, communication and shoping; (ii) environmental improvements; and (iii) utility services, that is to say water supply, drainage, sewerage, sanitation, electricity and fuel. (h) ‘Prescribed’ means prescribed by the rules. (2) Save as otherwise provided in this Ordinance or where context otherwise requires all terms and expressions used but not defined in this Ordinance shall bear the same meanings as they bear in Land Acquisition Act 1894 (Act I of 1894). 3. Liability to acquisition.- Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 or any other Law for the time being in force all land within Azad Jammu and Kashmir shall be liable to acquisition at any time under this Ordinance for Development and Housing Schemes approved by Government or Official Development Agency. 4. Publication of Notification and Land to be marked out and measured.- When any land is proposed to be acquired under this Ordinance, the Collector shall cause a notice to be published in 292 Volume VII (1981 to 1984) the official Gazette with details of the property and thereafter shall cause the land (unless it has already been marked out) to be marked out and measured and if no plan has been made thereof a plan shall made of the same.
5. Notice to person interested.- (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be acquired stating the Government intends to acquire and take possession of the land, and that claims to compensation for all interests in such land etc may be made to him. He shall also inform all the owners and the claimants of interests in such land by giving them a special notice of 10 days in accordance with rules.
(2) Such notice shall state the particulars of land so needed and shall required all persons interested in the land to appear personally or by agent before the Collector at a date, time and place therein mentioned (such period not being earlier then 10 days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claim to compensation for such interests, and their objections, if any, to the measurements made under section 4 and the Collector may require any such statement be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein or to be entitled to act for person so interested.
6. Inquiry and award by Collector.- On the day so fixed, or any other subsequent days to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, whether interested persons or claimants are present or not after service of the notice and shall determine; (i) the correct area of the land; (ii) compensation which in his opinion, having regard to the provisions of this Ordinance, is reasonable; and (iii) apportionment of such compensation among all the claimants or person known or believed to be interested in the land whether or not they have appeared before him.
293 Volume VII (1981 to 1984) 7. Matters to be considered in determining compensations.- (1) In determining the amount of compensation to be awarded for land acquired under this Ordinance, the Collector shall take into consideration: (i) market value of the land to be determined on the basis of two years average sale price of land similarly situated and put to similar use proceeding the date of notification under Section 4: Provided that the maximum rate of compensation so determined in the notified Master Plan Areas for housing schemes by the Collector shall not exceed rupees twenty thousand per kanal in the district headquarters of Muzaffarabad, Rawalakot, Mirpur and Kotli, rupees ten thousands per kanal in Tehsil headquarters and five thousands per kanal in other areas. (ii) the damage if any, sustained by the person interested at the time of taking possession of the land by reason of severing such land from the other land; (iii) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner or his earnings; and (iv) if, in consequence of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. (v) the damage sustained by the person interested by the reason of dispossession of any standing crops or trees or building or other structure or installations which may be existing on the land. (2) in addition to the market value of the land as above provided, the Collector shall in every case award a sum of fifteen per centum on such market value, in consideration of compulsory nature of acquisition. 8. Payment of compensation.- The payment of compensation shall be in cash or by cheque, and shall be made in the prescribed manner. 9. Power to make possession.- When the Collector has made an award the Government or the Official Development Agency 294 Volume VII (1981 to 1984) shall take possession of the land, which there-upon shall vest absolutely in Government or, as the case may be, in the Official Development Agency; Provided that possession shall not be taken of any land under this Section without giving to the occupier thereof at least 24 hours notice, or such longer notice as may be reasonable and sufficient to enable such occupier to remove his movable property without unnecessary inconvenience. 10. Acquisition in case of urgency.- In case of urgency, the Deputy Commissioner may, immediately after the publication of notice publihshed under Section 5(1), authorised the Collector through a notification published in the Official Gazette to enter upon and take possession of land which shall there upon vest absolutely in Government or the Official Development Agency, as the case may be, free from all encumbrances: Provided that the Collector shall not take possession under this Section without giving to the occupier thereof at least 24 hours notice of his intention to do so or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building or land without unnecessary inconvenience. 11. Appeal and Review.- (1) The person entitled to compensation under the award and Government or the Official Development Agency, as the case may be, any accept the award and in time their acceptance in writing to the Collector within fifteen days for making the award. (2) The Government of the Official Development Agency, or any person aggrieved by an award of the Collector may, within one month of such an award, file an appeal to the Commissioner. Where the affected party had no intimation of the award, the appeal may be filled within six weeks of the award. The commissioner may, after giving, the Government or, as the case may be, the Official Development Agency and the person effected by award or their agents, an opportunity of being heard, make such order as he may deem fit. (3) The order of the Commissioner made on appeal shall be final and shall not be called into question in any Court. (4) The Collector or the Commissioner either of his own motion or on an application made in this behalf by the Government, or as the case may be, Official Development Agency or any effected person may, at any time review an order
295 Volume VII (1981 to 1984) made by himself or his predecessor, in so for as it correct an Arithmetical, clerical or patent error or mistake only. (5) Any amount paid to any person which is found for any reason including fraud or misrepresentation, not to be due or in excess of the amount he is entitled to under the award, shall be recoverable as arrear of land Revenue and the Collector shall call upon such person to refund it. 12. Powers of the Collector.- When the acquiring any land or determining compensation therefore or carrying out any other purpose of this Ordinance, the Collector may; (a) require any person by order in writing to furnish such information in his possession pertaining to any land as may be specified in the order; and (b) enter or authorize any person to enter upon land and take such action as may be necessary. 13. Collector and Commissioner to have power of Civil Courts etc.- The Collector making an enquiry or conducting any proceedings under this Ordinance or the Commissioner exercising the powers of appeal or deciding Review petition under this Ordinance shall have the same powers in respect of the following matters as are vested in a Civil Court, when trying a suit, under the Code of Civil procedure, 1908 (Act V of 1908) namely:- (a) summoning and enforcing attendance of any person, examining him on oath or affirmation; (b) requiring the discovery and production of any document; (c) requisitioning any record from any Court or Office; (d) issuing commissioners for examination of witnesses, inspection of property or making any local investigations; (e) appointing guardians ad litem or nest friends; (f) adding or substituting representatives of deceased parties to proceedings; (g) adding or dropping parties from pending proceedings; and (h) any other matter connected with the holding of an enquiry or hearing of an appeal.
296 Volume VII (1981 to 1984) 14. Powers of Government to give directions to the Deputy Commissioner.- The Government may give directions to the Deputy Commissioner with respect to the exercise of his powers and the discharge of functions under this Ordinance and the Deputy Commissioner shall be guided, by and act in accordance with such directions. 15. Powers to withdraw from acquisition proceedings.- The Deputy Commissioner with the approval of the Government can leave out form acquisition proceedings any land, notified under this Ordinance, of which possession has not been taken. 16. Abatement of suits and other proceedings.- (1) All reference, suits appeal and applications regarding any matter now within the jurisdiction of the Commissioner under the provisions of the Ordinance No. CXIII of 1979 pending in any court under any law on the subject, immediately before the commencement of this Ordinance, shall abate forthwith except the Supreme Court of Azad Jammu and Kashmir; Provided that any party to such reference, suit, appeal or application may, within ninety days from the date of such abatement, prefer an appeal to the Commissioner in respect of any such which is in issue reference, suit, appeal or application. (2) Subject to the provisions of Section 11 any proceedings in a reference or appeal pending immediately before coming into force of this Ordinance shall be completed by the Commissioner in accordance with the provisions of the Ordinance. (3) Any notification issued under any law on the subject, so far as they are not in consistent with the provisions of this Ordinance, shall be deemed to have been issued under the provisions of the said Ordinance. 17. Bar of Jurisdiction.- Any notification issued, directions given and decision made or orders passed by the Government or by any competent authority under this Ordinance shall not be questionable in any Court of Law. 18. Delegation of powers.- The Government may, by notification in the official Gazette, delegate all or any of its powers conferred upon it or any officer under this Ordinance to any other officer sub-Ordinate to it. 19. Powers to make rules.- The Government may make rules to give effect to the provisions of this Ordinance.
297 Volume VII (1981 to 1984) 20. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance CXIII of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
298 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd January, 1982 No. 12/LD/82. The following Ordinance made by the President on the 3rd day of January, 1982, is hereby published for general information. (ORDINANCE IV OF 1982) AN ORDINANCE To amend the Azad Jammu and Kashmir Service Tribunals Act, 1975. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Act XXII of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have been taken effect on and from the 1st day of May, 1977. 2. Amendment of Schedule I, paragraph 4, sub-paragraph (2), clause (a), Act XXII.- In the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Act XXII of 1975) in Schedule I, paragraph 4, sub-paragraph (2), in clause (a) the word “subject to a maximum of Rs. 2,300/- per month if his pay is in National Pay Scale below grade 20” occurring at the end, shall be deleted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
299 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 9th January, 1982 No.28/LD/82. The following Ordinance made by the President on the 9th day of September, 1981, is hereby published for general information:- (ORDINANCE VIII OF 1982) AN ORDINANCE To repeal the Jammu & Kashmir Silk Protection Act, 1941 WHEREAS it is expedient to repeal the Jammu & Kashmir Silk Protection Act, 1941,as in force in the Azad Jammu & Kashmir, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Jammu & Kashmir Silk Protection Act, 1941 (Repeal) Ordinance,1982. (2) It shall come into force at once. 2. Repeal of Jammu & Kashmir Silk Protection Act 1941.- The Jammu & Kashmir Silk Protection Act, 1941, as in force in Azad Jammu & Kashmir , is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir
300 Volume VII (1981 to 1984) AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 16th January, 1982. No. 50/LD/84. The following Ordinance made by the President on the 12th day of January, 1982, is herby published for general information:- (Ordinance XIII of 1982) AN ORDINANCE to amend the Fauji Foundation of Pakistan (Extension of Scope and Functions to Azad Jammu and Kashmir) Ordinance, 1981. WHEREAS it is expedient to amend the Fauji Foundation of Pakistan (Extension of Scope and Functions to Azad Jammu and Kashmir) Ordinance, 1981 (Ordinance XCV of 1981) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Fauji Foundation of Pakistan (Extension of Scope and Functions to Azad Jammu and Kashmir) (Amendment) Ordinance, 1982. (3) It shall come into force at once. 2. Addition of new Section 1-A, Ordinance XCV of 1981.- In the Fouji Foundation of Pakistan (Extenuation of Scope and Functions) to Azad Jammu and Kashmir Ordinance, 1981 (Ordinance XCV of 1981) hereinafter referred to as the said Ordinance after Section 1, the following new section 1-A shall be added, namely:- “1-A. Definition.- In this Ordinance, unless there is anything repugnant in the subject or context the term “appropriate Government” used in the Charitable Endownments, Act, 1890, as adapted in Azad Jammu and Kashmir, shall mean the Government of Pakistan and the authorities appointed under the said Act shall exercise the same powers in Azad Jammu and Kashmir as they exercises in Pakistan.
301 Volume VII (1981 to 1984) 3. Substation of section 3, Ordinance XCV of 1981.- The Treasurer of Charitable Endowments and the authorities appointed in Pakistan under the Charitable Endowments Act, 1980 (VI of 1980), shall be competent to exercise the same powers and perform the same functions in Azad Jammu and Kashmir as they exercise and perform in Pakistan under the said Act. Sd/-(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir.
302 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 17th January, 1982 No. 55/LD/82. The following Ordinance made by the President on the 16th day of January, 1982, is hereby published for general information. (ORDINANCE XIV OF 1982) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898. WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance CCI of 1981.- In the Code of Criminal Procedure (Amendment) Ordinance, 1981 (Ordinance CCI of 1981), Section 3 shall be omitted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
303 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 19th January, 1982 No. 61/LD/82. The following Ordinance made by the President on the 18th day of January, 1982, is hereby published for general information. (ORDINANCE XV OF 1982) AN ORDINANCE To amend the Azad Jammu and Kashmir Local Government Ordinance, 1981 WHEREAS it is expedient to amend the Local Government Ordinance, 1981 (Ordinance CCXI of 1981) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1981. (2) It shall come into force at once and shall be deemed to have been effect on and from the 23rd day of June, 1979. 2. Substitution of Section 24, Ordinance CCXI of 1981.- In the Azad Jammu and Kashmir Local Government Ordinance, 1981 (Ordinance CCXI of 1981), hereinafter referred to as the said ordinance, for Section 24, the following shall be substituted and shall be deemed always to have been so substituted, namely:- “24. Casual Vacancy. If the seat of an elected member, Chairman or Vice-Chairman becomes vacant during the term of office of a Local Council, a new member, Chairman or Vice- Chairman shall be elected within 120 days from the date of seat falls vacant or within such longer period as the Election Commissioner may by notification in the official Gazette, specify in special cases, and such member, Chairman or Vice- Chairman shall hold office for the remaining term.” 3. Amendment of Section 85, Ordinance CCXI of 1981.- In the said Ordinance, in Section 85, after sub-section (4) the following 304 Volume VII (1981 to 1984) proviso shall be added and shall be deemed always to have been so added, namely:-- “Provided that all elections, bye elections to fill a seat of Chairman, Vice-Chairman or members of a local council held prior to the promulgation of Azad Jammu and Kashmir Local Government (Election of Chairman and Vice-Chairman) Rules, 1979 or any other rules, shall be deemed to have been validly conducted under the relevant rules.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
305 Volume VII (1981 to 1984)
306 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 21th January, 1982. No.75/LD/82. The following Ordinance made by the President on the 21st day of January, 1982, is hereby published for general information:- (ORDINANCE XVIII OF 1982) AN ORDINANCE to extend the scope and functions of the Fauji Foundation of Pakistan to the territory of Azad Jammu and Kashmir WHEREAS it is expedient to extend the scope and functions of the Fauji Foundation of Pakistan to Azad Jammu and Kashmir for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Fauji Foundation of Pakistan (Extension of scope and Functions to Azad Jammu and Kashmir) Ordinance, 1982. (2) It shall come into force at once. 2. Definition.- In this Ordinance, unless there is anything repugnant in the subject or context the term “appropriate Government” used in the Charitable Endowments Act, 1890, as adapted in the Azad Jammu and Kashmir, shall mean the Government of Pakistan and the authorities appointed under the said Act shall exercise of the same powers in Azad Jammu and Kashmir as they exercise in Pakistan. 3. Extension of Scope and functions of Fauji Foundations:- (1) the scope and functions of the Fauji Foundation of Pakistan hereinafter referred to as the said Foundation, a trust created under the Charitable Endowments Act,1890 for the benefit of Ex-servicemen and their families, shall extend mutatis mutandis to the Azad Jammu and Kashmir Territory and the said Foundation shall function in the said Territory as it functions in Pakistan. 307 Volume VII (1981 to 1984) (2) The scheme of Administration for the said Foundation settled or substituted by the Government of Pakistan under the Charitable Endowment Act, 1890 and rules and regulations made there under and the administrative orders issued under either of them shall extend and apply to the Azad Jammu and Kashmir Territory as they apply to Pakistan. 4. The Treasure of Charitable Endowments and the authorities appointed in Pakistan under the Charitable Endowments Act, 1890 (VI of 1890), shall be competent to exercise the same powers and perform the same function in Azad Jammu and Kashmir as they exercise and perform in Pakistan under the said Act. 5. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, ever thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Fuaji Foundation of Pakistan( Extension of scope and Function to Azad Jammu and Kashmir) Ordinance,1979 (Ordinance CXXIX of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. 6. Repeal.- The Fauji Foundation of Pakistan ( Extension of Scope and Functions to Azad Jammu and Kashmir) Ordinance,1982 (Ordinance XIII of 1982) is here by Repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din) Deputy Secretary Law
308 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 26th January, 1982 No. 80/LD/82. The following Ordinance made by the President on the 26th day of January, 1982, is hereby published for general information. (ORDINANCE XIX OF 1982) AN ORDINANCE to amend the Zakat and Ushar Ordinance, 1981. WHEREAS it is expedient to amend the Zakat and Ushar Ordinance, 1981, (Ordinance CCIX of 1981) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Ushar (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 8, Ordinance, CCIX of 1981.- In the Zakat and Ushar Ordinance, 1981, (Ordinance CCIX of 1981), hereinafter referred to as the said Ordinance, in Section 8, for the third proviso, the following shall be substituted, namely:- “Provided that the expenditure on the Zakat Council and the Administrative organizations of the Zakat including District, Tehsil and Local Committees, shall be met from the two percent of the total annual collections in the Zakat Funds. Any additional requirement of the funds for this purpose shall be provided by the Government.” 3. Amendment of Section 12, Ordinance CCIX of 1981.- In the said Ordinance, in Section 12, in sub-section (2):- (a) in clause (b) for the word “four” the word “five” shall be substituted; and
309 Volume VII (1981 to 1984) (b) after clause (e) the following new clause (ee) shall be inserted, namely:- “(ee) the Secretary to the Government in the Local Government Department”; 4. Amendment of Section 13, Ordinance CCIX of 1981.- In the said Ordinance, Section 13, for sub-section (2) the following shall be substituted, namely:- “(2) The Chief Administrator shall have the status, grade and powers of the Financial Commissioner for the purposes of this Ordinance and other terms and conditions of service shall be such as may be determined by the Government.” 5. Amendment of Section 14, Ordinance CCIX of 1981.- In the said Ordinance, in Section 14, for sub-section (3) the following shall be substituted, namely:- “(3) The District Committee shall consist of a Chairman, who shall be non-official and shall be nominated by the Zakat council, the Deputy Commissioner of the District, the District Qazi, one non-official member from each Tehsil in the District to be nominated by the Zakat Council in consultation with the Chairman and one member to be nominated by the District Council of the District from amongst its non-official muslim members:- Provided that, where the number of tehsils in a district is less than four, number of members other than the Chairman, the Deputy Commissioner, the District Qazi and the member nominated by the District Council, shall be raised to four: Provided further that the Chairman shall be an adult Muslim who ordinarily resides in the district and the member from a tehsil, shall be adult Muslim who ordinarily resides in that Tehsil.” 6. Amendment of Section 15, Ordinance CCIX of 1981.- In the said Ordinance in Section 15:- (a) for sub-section (2) the following shall be substituted, namely:- “(2) The Tehsil Committee shall consist of the Assistant Commissioner Tehsil Qazi, Five members to be elected in the prescribed manner, by Chairman of the Local Committees of the Tehsil, from amongst themselves and one member to be nominated by the
310 Volume VII (1981 to 1984) Tehsil Council of the Tehsil, from amongst its non- official Muslim members: Provided that, if there are more than two Tehsil Committees, within the jurisdiction of an Assistant Commissioner he shall be a member of only such of the Committees as the Zakat Council may specify and may nominate the Tehsildar of the Tehsil concerned, to be the member of any other of the said Tehsil Committee.” (b) after sub-section (2) the following new sub-section shall be inserted, namely:- “(3) The non-official members of the Committee shall elect one of their members to be the Chairman of the Committee; and, if two or more person secure an equal number of votes, the result of the election shall be determined by drawing lots.” 7. Amendment of Section 16, Ordinance CCIX of 1981.- In the said Ordinance Section 16:- (a) for sub-section (3) the following shall be substituted namely:- “(3) the Local Committee shall consist of seven members selected by residents of the locality in the manner specified in sub-section (4) and member to be nominated by the Union Council in whose jurisdiction the locality is situated, from amongst its non-official Muslim Members, being a member who is resident of the locality, or if there is no such member, a member who is a resident of a nearby locality. (b) in sub-section (4) for the words “given number of adult Muslims” the words “seven Adult Muslims” shall be substituted; (c) after sub-section (4), the following proviso shall be added, namely:- “Provided that a person who is a member of a team constituted for the selection of members of a local committee shall not be eligible to be a member of such local committee and a person who is a salaried employee of the Government or of a Local Authority or of a Corporation set-up, owned or controlled by the Government, shall not be eligible to be a member of a local committee.
311 Volume VII (1981 to 1984) (d) after sub-section (4), amended as aforesaid, the following new sub-section (4-A) shall be inserted, namely:- “(4-A) If, at the time of selection, any Adult Muslim resident of the locality present in the gathering raises objection with respect to another person to present that such other person:- (a) is not a Muslim; (b) is not an Adult; (c) is not a resident of the locality; (d) is an undischarged insolvent; or (e) is of unsound mind; or, being a person proposed to be selected as a member of the local Committee, suffers from any of the said disqualifications, or has, during the period of three years preceding the date of selection, been ordered to execute a bond under Sections 108, 109 or 110 of the Code of Criminal Procedure, 1898, (Act V of 1898), or been convicted for an offence involving moral turpitude, or been declared a goonda under the law relating to the control of Goondas, the team of persons organizing the gathering shall make a summary inquiry and give a decision on the objection raised; and, in case the members of the team are equally divided in their opinion, the member of the team nominated by the District Committee to be its Convener shall have a second vote.” 8. Amendment of Section 19, Ordinance CCIX of 1981.- In the said Ordinance, in Section 19, for clauses (a), (b) and (c) the following shall be substituted, namely:- “(a) in the case of a Council, by the Chief Administrator; (b) in the case of a District Committee, by the Deputy Commissioner; (c) in the case of a Tehsil committee, by the ex-officio member, that is, the Assistant Commissioner, Sub- Divisional Magistrate or the Tehsildar as the case may be; and (d) in the case of a Local Committee, by the member elected by the members present.”
312 Volume VII (1981 to 1984) 9. General Amendment of Ordinance CCIX of 1981.- In the said Ordinance for the words “Markaz Committee” wherever occurring the words” Tehsil Committee” shall be substituted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud- Din Qadri) Dy Secretary Law
313 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 20th January, 1982 No. 86/LD/82. The following Ordinance made by the President on the 20th day of January, 1982, is hereby published for general information. (ORDINANCE XX OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Urban Immovable Property Tax Ordinance, 1981. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Urban Immovable Property Tax Ordinance, 1981 (Ordinance CXXIX of 1981) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Urban Immovable Property Tax (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have taken effect on and from the 1st day of July, 1981. 2. Amendment of Section 3, Ordinance, CXXIX of 1982.- In the Azad Jammu and Kashmir Urban Immovable Property Tax Ordinance, 1981 (Ordinance CXXIX of 1981), hereinafter referred to as the said Ordinance, in Section 3;- (a) in sub-section (2) for the words ‘fifteen percent’ the words ‘twelve and a half percent’ shall be substituted; (b) In the proviso to this sub-section, the words “the gross annual value of which does not exceed twelve thousand rupees and six thousand rupees respectively” shall be deleted. 3. Amendment of Section 4, Ordinance CXXIX of 1982.- In the said Ordinance for Section 4, the following shall be substituted namely:-
314 Volume VII (1981 to 1984) “4. Out of the tax collected under this Ordinance from within the limits of municipal committee or a town committee, the Government shall after retaining 5 percent thereof as collection charges and 20 percent as reserve for such expenditure as may be prescribed, pay 75 percent of the balance to such municipal committee or town committee as the case may be. Provided that no other authority shall impose such kind of tax on the Urban Immovable Property within the limits of a municipal committee or town committee as the case may be. If any such tax is imposed by any other authority under any law for the time being in force, it shall be discontinued forth with.” 4. Amendment of Section 5, Ordinance CXXIX of 1981.- In the said Ordinance, in Section 5:- (a) in clause (c) in sub-clause (i) for the words ‘Four hundred and thirty two’ the words ‘Six hundred and forty eight’ shall be substituted; (b) for clause (g) the following shall be substituted:- “(g) building and lands belonging to disabled persons, widows and minor orphans.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din Qadri) Dy Secretary Law
315 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 3rd February, 1982. No. 126/LD/82. The following Ordinance made by the President on the 3rd day of February, 1982, is hereby published for general information:- (ORDINANCE XXVII OF 1982) AN ORDINANCE to restrict the increase of rent of certain premises within the limits of urban areas and the eviction of tenants there from in Azad Jammu and Kashmir WHEREAS it is expedient in the public interest to restrict the increase of rent of certain premises within the limits of Urban Areas and the eviction of tenants there from in Azad Jammu and Kashmir in the manner hereinafter appearing ; AND WHEREAS the President is satisfied that circumstances exist which under it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by subsection (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Rent Restriction Ordinance, I982. (2) It extends to all the urban areas in Azad Jammu and Kashmir. (3) Nothing contained in this Ordinance shall be deemed to affect any evacuee Property as defined in the Pakistan (Administration of Evacuee Property) Act, 1957 as adapted in Azad Jammu and Kashmir. 2. Definitions.- In this Ordinance unless there is anything repugnant in the subject or context:- (a) "Government" means the Azad Government of the State of Jammu and Kashmir; (b) "Building" means any building or part of a building let for any purpose, whether being actually used for that purpose or not, including any land, godowns, out-
316 Volume VII (1981 to 1984) houses, together with furniture let therewith but does not include a room in a "sarai", hotel, hostel or boarding house ; (c) "Controller” means a judicial officer who is appointed by the Government to perform the functions of a Controller under this Ordinance; (d) "Landlord" means any person for the time being entitled to receive rent in respect of any building or rented land whether on his own account or on behalf or for the benefit of any other person or as a trustee, guardian, receiver executor or administrator for any other person, and includes a tenant who sub-lets any building or rented land in the manner hereinafter authorised and every person from time to time deriving title under a landlord; (e) "non-residential building" means a building being used solely for the purpose of business or trade; (f) "prescribed" means prescribed by rules made under this Ordinance; (g) "rented land" means any land let separately for the purpose of being used principally for business or trade ; (h) "residential building" means any building which is not a non-residential building ; (i) "Scheduled building" means a residential building which is being used by a person engaged in one of the professions specified in the Schedule to this Ordinance, partly for his business and partly for his residence ; (j) "tenant" means any person by whom or on whose account rent is payable for a building or rented land and includes (i) a tenant continuing in possession after the termination of the tenancy in his favour, and (ii) the wife and children of a deceased tenant, but does not include a person placed in occupation of a building or rented land by its tenant, unless with the consent in writing of the landlord, or person to whom the collection of rent or fees in a public market, cart-stand, or slaughter-house or of rents for shops has been framed out or leased by a municipal, town or notified area committee or by a Development authority; and (k) "Urban area" means any area administered by a Municipality, a municipal committee, a town committee or a notified areas committee as defined above.
317 Volume VII (1981 to 1984) 3. Government or any officer authorised by it in this behalf may direct by notification published in the official Gazette that all or any of the provisions of this Ordinance shall not apply to any particular building or rented land or any class of buildings or rented lands. 4. (1) Controller shall, on an application by the tenant or landlord of a building or rented land, fix fair rent for such building or rented land after holding such enquiry as the Controller thinks fit. (2) The fair rent shall be fixed after taking into consideration the following factors:- (a) The rent of the same building or similar accommodation in similar circumstances prevailing in the locality at the time of and during the period of twelve months prior to the date of making application ; (b) The rise in the cost of construction of and the repairing charges as well as the imposition of new taxes after the commencement of the tenancy ; and (c) The rental value of the building or rented land entered in the Property Tax Assessment Register of the Taxation Department or the local body relating to the period mentioned in clause (a), if any. (3) The fair rent fixed under this section shall be payable by the tenant from a date to be fixed by the Controller not earlier than the date of filing the application. (4) If the fair rent fixed under sub-section (2) exceeds the rent being paid by the tenant on the date of the filing of the application under this section, the maximum increase of rent payable by the tenant shall not be more than 25% of the rent already being paid by him. 5. (1) When the fair rent of a building or rented land has been fixed under Section 4, or where the rent of any building or rented land has been determined by an agreement between the landlord and the tenant, no further increase in such fair rent shall, during the continuance of tenancy, be permissible within a period of three years from the date fixed by the Controller under sub- section (3) of Section 4, or from the date of agreement, as the case may be, except in cases where some addition, improvement or alteration has been carried out at the landlord's expense, and at the request of the tenant.
318 Volume VII (1981 to 1984) (2) The fair rent as increased on grounds of some addition, improvement or alteration made permissible under this Section shall not exceed the fair rent payable under this Ordinance for a similar building or rented land in the same locality with such addition, improvement or alteration and it shall not be chargeable until such addition, improvement or alteration has been completed. (3) Any dispute between the landlord and tenant in regard to any increase claimed on grounds of some addition, improvement or alteration made permissible under this Section shall be decided by the Controller. 6. (1) Save as provided in Section 5, when the Controller has fixed the fair rent of a building or rented land under Section 4 :- (a) The landlord shall not claim or receive any premium or other like sum in addition to fair rent or any rent in excess of such fair rent, but the landlord may stipulate for and receive in advance an amount not exceeding one month's rent ; (b) Any agreement for the payment of any sum in addition to rent or of rent in excess of such fair rent shall be nule and void; (c) Any sum in excess of the fair rent paid in respect of any use or occupation of the building or rented land from the date of application for the fixation of fair rent shall be refunded to the person by whom it was paid or at the option of such person, otherwise adjusted. (2) Nothing in this Section shall apply to the recovery of any rent which become due before the 1st January, 1946. 7. (1) No landlord shall, in consideration of the grant, renewal or continuance of a tenancy of any building or rented land require the payment of any fine, premium or any other like sum in addition to the rent. (2) Nothing in this Section shall apply to any payment under any subsisting agreement entered into before the 1st day of January, 1946. 8. Where any sum has, before the date of publication of this Ordinance been paid by the tenant, which sum is by reason of the provisions of this Ordinance irrecoverable, such sum may, without prejudice to any other method of recovery be deducted by the tenant by whom it was paid, or by his legal representative, from any rent payable by him to such landlord or to his legal representative: 319 Volume VII (1981 to 1984) Provided that the tenant before making such deduction obtains the approval of the Controller by an application made to him within six months of the said date. Explanation.- In computing the said period of six months the time spent after date of the payment, in the proceedings for determination of fair rent shall be excluded. (2) In this Section the expression 'legal representative', has the same meaning as in the Code of Civil Procedure, 1908 and includes, in the case of joint family property, the joint family of which the deceased person was a member. 9. (1) Notwithstanding anything contained in any other provision of this Ordinance, a landlord shall, subject to the approval of the Controller, be entitled to increase the rent of building or rented land if after the commencement of this Ordinance a fresh rate, cess or tax is levied in respect of the building or rented land by the Government or any local authority, or if there is an increase in the amount of such a rate, cess or tax being levied at the commencement of this Ordinance: Provided that the increase in rent shall not exceed one half of the amount of any such rate, cess or tax or the amount of the increase in such rate, cess or tax, as the case may be. (2) Notwithstanding anything contained in any other law for the time being in force or any agreement, no landlord shall recover from his tenant the amount of any tax or any portion thereof in respect of any building or rented land occupied by such tenant by any increase in any amount of the rent payable or otherwise save as provided in sub-section (1). 10. (1) No landlord or his contractor, workman, or servant shall without the previous consent of the Controller or save for the purpose of affecting repairs or complying with a requisition from a Municipal Committee willfully disturb any convenience or easement annexed to the premises or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service comprised in the fair rent. (2) A tenant in occupation of a building or rented land may, if the landlord has contravened the provisions of this section, make and application to the Controller complaining of such contravention. (3) If the controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or with-
320 Volume VII (1981 to 1984) held by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities. 11. No person shall convert a residential building into a non- residential building, except with the permission in writing of the Controller. 12. If a landlord fails to make the necessary repairs other than structural alterations, to a building, it shall be competent for the Controller to direct, on application by the tenant and after such inquiry as the Controller may think necessary that such repairs may be made by the tenant, and that the cost thereof, may be deducted from the rent which is payable by him. 13. (1) Where a local authority, in exercise of its functions under any law for the time being in force directs the owner of a building to make such repairs to the building as may be specified and on failure of the owner to comply with such direction, the tenant is directed to make the said repairs, the tenant may comply with the direction. (2) The amount of the expenses incurred by the tenant under sub-section (1) shall be submitted to the local authority concerned, which shall after the due verifications, certify the cost of repairs and the tenant may thereon deduct the amount so certified from the rent payable by him. 14. (1) A tenant in possession of a building or rented land shall not be evicted there from in execution of a decree passed before or after the commencement of this Ordinance or otherwise, and whether before or after the termination of the tenancy except in accordance with the provisions of this Section. (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied that:- (i) the tenant has not paid or tendered rent due by him in respect of the building or rented land, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord, or in the absence of any such agreement , within sixty days from the period for which rent is payable ; or (ii) the tenant has, without written consent of the landlord:- (a) transferred his right under the lease or sub-let entire building or tented land or any portion thereof; or
321 Volume VII (1981 to 1984) (b) used the building or rented land for a purpose other than that for which it was leased or his infringed any condition of the tenure on which the building or rented land is held by the landlord; or (iii) the tenant has committed such acts as are likely to impair materially the value or utility of the building or rented land and; or (iv) the tenant has been guilty of such acts and conduct as are a nuisance to the occupants of buildings in the neighbourhood; or (v) where the building is situated in a place other than a hill- station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause ; or (vi) the building or rented land is reasonably and in good faith required by the landlord for the reconstruction or erection of a building on the site, and the landlord has obtained the necessary sanction for the said reconstruction or erection from a Municipal Committee or Town Committee for the area where such building or rented land is situated. The Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied he shall make an order rejecting the application : Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building or rented land and may extend such time so as not to exceed four months in the aggregate. Explanation.- For the purpose of this clause :- (i) Where the water charges or electricity charges or both are payable by the tenant to the landlord such charges shall be deemed rent; (ii) rent remitted by money order to the landlord or deposited in the office of the Controller having jurisdiction in the area where the building or rented land is situated shall be deemed to have been duly tendered. (3) (a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession:- (i) in the case of a residential building, if.-
322 Volume VII (1981 to 1984) (a) he requires it in good faith for his own occupation or for the occupation of any of his children; (b) he is not occupying another residential building suitable for his needs at the time in the same urban area in which such building is situated ; and (c) he has not vacated such a building without sufficient cause after the commencement of this Ordinance in the said urban area; (ii) in the case of a non-residential building or a scheduled or rented land if.- (a) he requires it in good faith for his own use or for the use for any of his male children; (b) he or his said child is not occupying in the same urban area in which such building is situated for the purpose of his business any other such building or rented land, as the case may be, suitable for his needs at the time, and (c) he has not vacated such a building or rented land without sufficient cause after the commencement of this Ordinance in the said urban area: Provided that where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before expiry of such period: Provided further that where the landlord had obtained possession of a residential, scheduled or non- residential building or rented land under the provisions of sub-paragraph (1) or sub-paragraph (ii) he shall not be entitled to apply again under the said Sub - Paragraphs for the possession of any other building of the same class or rented land unless such residential, scheduled or non- residential building or land is no longer suitable for his needs at the time. (b) The Controller shall, if he is satisfied that the claim of the landlord is bonafide make an order directing the tenant to put the landlord in possession of the building or rented land on such date as may be specified by the Controller and if the Controller is not so satisfied, he shall make an order rejecting the application : Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession
323 Volume VII (1981 to 1984) of the building or rented land and may extend such time so as not to exceed four months in the aggregate: Provided further that if the application is in respect of a residential building, the Controller shall direct the tenant within four weeks of the application to put the landlord in possession of the building if, after summary enquiry, he is satisfied that the tenant, his wife or any of his dependent children owns a residential building, within the same urban area. (4) Where a landlord who has obtained possession of a building or rented land pursuance of an order made under sub- paragraph (i) or sub-paragraph (ii) paragraph (a) of sub-section (3), does not himself or where the building has been got vacated for the occupation of any of his children such child does not occupy it within one month of the date of obtaining possession, or having been so occupied is relate within two months of the said date to any person other than original tenant, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land and the Controller shall make an order accordingly. (5) Where a landlord has obtained possession of a building in pursuance of an order under clause (vi) of sub-section (2) of this section and does not have the building demolished within a period of four months from the date of taking possession of the same or does not construct the new building within a further period of two years after the expiry of the period of four months from the date of making possession of the same he shall, unless he satisfies the Court that he was unable to construct the building within the prescribed time for reasons beyond his control, be punished with imprisonment for a term which may extend to six months or with fine or with both. (6) Where a landlord has been convicted under the provisions of sub-section (5) the tenant, who has been evicted from the building or rented land in respect of which the landlord is convicted, may apply to the Controller for an order directing that he shall be restored to possession of such building or rented land, and except in the case of a building which has been demolished the Controller shall make and order accordingly. (7) Where, in pursuance of an order under clause (v) of subsection (2), landlord has obtained possession of a building in this sub-section referred to as the old building, and constructs a new building on the same site, the tenant who has been evicted
324 Volume VII (1981 to 1984) from the old building may, before the completion of the new building and its occupation by another person, apply to the controller for an order directing that he be put in possession of such area in the new building as does not exceed the area of the old building of which he was in occupation, and the Controller shall make an order accordingly in respect of the area applied for or such smaller area as considering the location and type of the new building and the needs of the tenant he deems just, and on payment of rent to be determined by him on the basis of rent of similar accommodation in the locality. (8) In proceeding under this Section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct the tenant to deposit all the rent due from him, and also to deposit regularly till the final decision of the case, before the fifteenth day of each month the monthly rent due from him. If there is any dispute about the amount of rent due or the rate of rent, the Controller shall determine such amount approximately and direct that the same be deposited by the tenant before a date to be fixed for the purpose. If the tenant makes default in the compliance of such an order, then if he is the petitioner, his application shall be dismissed summarily and if he is the respondent his defence shall be struck off and to landlord put into possession of the property without taking any further proceedings in the case. The Controller shall finally determine the amount of rent due from the tenant and direct that the same may be paid to the landlord, subject to adjustment of the approximate amount deposited by the tenant. (9) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may directed that compensation not exceeding ten times the monthly rent be paid by such landlord to the tenant. (10) The rent deposited by the tenant under this Section shall, subject to the final determination of rent as payable by the tenant, be paid to the landlord at the conclusion of the proceedings or on such earlier date as may be specified by the Controller. 15. Eviction of Tenants where the Landlord is a Salaried Employee, Widow or Minor Orphan.- (1) Notwithstanding anything contained in this Ordinance or any law for the time being in force – (a) in a case where the landlord has died; or 325 Volume VII (1981 to 1984) (b) in a case where the landlord is a salaried employee and has retired or is due to retire within a period of six months, a notice in writing may be given by such landlord or the widow or minor of the deceased landlord, as the case may be, to the tenant of a residential building informing him that he or she needs the building for personal use and requiring him to deliver vacant possession of the building within a period of two months from the date of receipt of the notice: Provided that no application under this Section shall be maintainable if it is made after six months from the date of the death of the landlord or, in the case of the retirement of a salaried person, before six months from or after six months of the date of his retirement: Provided further that, in a case where the landlord has died or a salaried person has retired before the commencement of this Ordinance an application may be made within a period of six months from the date of such commencement. (2) The right to seek adjustment under sub-section (1) shall also be available to a landlord of a residential building who is the wife, husband or a minor child of a salaried employee referred to in sub-section (1). (3) In the case of a landlord referred to in sub-section (1) or sub-section (2) who happens to be a landlord of more than one residential building whether or not in the same locality, action as provided for in this section shall be competent in respect of one of such residential buildings only. (4) A landlord referred to in clause (b) of sub-section (1) or in sub-section (2) who is in occupation of a residential building owned by him shall not be entitled to seek adjustment of a tenant from a residential building situated in the locality in which the building in occupation of the landlord is situated unless he offer the building in his occupation in exchange of the building in possession of the tenant on such terms and conditions and on payment of such rent as may be determined by the Controller: Provided that the benefit of exchange shall not be available to the tenant who refuses to accept the offer or the terms and conditions and the rate of rent deter-mined by the Controller. (5) A tenant who on receipt of the notice referred to in sub- section (1) fails to deliver vacant possession of the building to
326 Volume VII (1981 to 1984) the landlord or the landlord or the widow or minor orphan of the deceased landlord within the time allowed in the notice shall be liable to be adjusted summarily by the Controller on an application being made to him in this behalf. (6) On an application being made to him under sub-section (5) the Controller shall issue a notice to the tenant and on being satisfied with the bonafide of the request of the landlord or the widow or minor orphan of a deceased landlord, shall order the summary ejectment of the tenant. (7) A landlord or a widow or orphan of a deceased landlord referred to in sub-section (1) or sub-section (2) who, within one year of his having obtained possession of a building as provided for in sub-section (6), relates the buildings to any person other than the previous tenant, shall be punishable with fine which may extend to rupees five thousand unless the benefit derived by the landlord is greater that the amount of fine in which case it shall be equal to the annual rent obtained by him relating the building. 16. Where the ownership of a building in the possession of a tenant or rented land has been transferred by way of sale, gift, inheritance or in any other manner, whatsoever from one person to another, the new owner shall send an intimation of such transfer in writing by registered post, to the tenant of such building or rented land, and the tenant shall not be deemed to have defaulted in the payment or rent for the purposes of clause (i) of sub-section (2) of Section 14, if the rent due is paid within thirty days from the date when the intimation should in the normal course have reached him. 17. The Controller shall summarily reject any application under subsection (2) or under sub-section (3) of section 14 which raises substantially the same issued as have been finally decided in a former proceeding under this Ordinance. 18. Appeal.- (1) Any party aggrieved by an order of the Controller finally disposing of an application made under this Ordinance may, within thirty days of the date of such order, prefer an appeal in writing to the District Judge having jurisdiction over the area where the building or rented land in relation to which the order is passed, is situated: Provided that no appeal shall lie against an order made by a Controller under sub-section (6) of Section 14 determining approximately the amount of rent and directing the tenant to deposits all the rent due.
327 Volume VII (1981 to 1984) Provided further that no appeal shall be from an interlocutory order passed by the Controller. (2) On such appeal being preferred, the District Judge may hear it himself or refer it for disposal to an Additional District Judge having jurisdiction over the area where the building or rented land in relation to which the order is passed is situated. (3) The District Judge may recall an appeal made over by him to an Additional District Judge and either hear it himself or refer it for disposal to another Additional District Judge having jurisdiction as provided in sub-section (2). (4) On such appeal being preferred, the appellate authority may stay the operation of the order appealed against. (5) The appeal to authority admitting an appeal for hearing shall have the same powers to direct the tenant to deposit the rent as are vested in the Controller under this Ordinance and, if the tenant makes default in compliance with such an order, then, if he is the appellant, his appeal shall be dismissed summarily and, if he is the respondent, his defence shall be struck off. (6) The appellate authority shall decide the appeal after sending for the record of the case from the Controller and after giving the parties an opportunity of being heard, and, if necessary for making such further inquiry as it thinks fit, either personally or through the Controller. (7) The order of the Controller, subject to the result of appeal, if any, shall be final and shall not be called in question in any Court of law, including High Court, by suit, appeal or otherwise. 19. On the application of any of the parties and after notice to the parties and after being such of them as desire to be heard, or of its own motion without such notice:- (a) The appellate authority may at any stage withdraw any application pending with a Controller subordinate to it and transfer the same for disposal to any other Controller subordinate to it and competent to try or dispose of the same; (b) The High Court may at any stage withdraw any appeal pending with any Appellate authority and transfer the same for disposal to any other Appellate Authority subordinate to it and competent to dispose of the same. 20. (1) For the purposes of this Ordinance an Appellate Authority or a Controller appointed under this Ordinance shall have the same powers of summoning and enforcing the
328 Volume VII (1981 to 1984) attendance of witnesses and compelling the production of evidence as are vested in a Court under the Code of Civil Procedure, 1908. (2) The Controller shall for the purpose of section 480 of the Code of Criminal Procedure 1898, be deemed to be a Court. 21. Every order made under section 10, section 13, Section 19 and every order passed in appeal under section 22 shall be executed by the Controller as if it were a decree of a Civil Court. 22. Every landlord and every tenant of a building or rented land shall be bound to furnish to the Controller, or any person authorised by him in that behalf such particulars in respect of such building or rented land as may be prescribed. 23. (1) If any person contravenes any of the provisions of sub- section (1) of Section 10, Section 11 or Section 22 he shall be punished with fine which may extend to one thousand rupees. (2) No Court shall take cognizance of an offence under this Section except upon:- (a) a complaint of facts, which constitute such offence, filed with the sanction of the Controller in writing ; or (b) a report in writing of such facts made by the Controller. 24. Government may by notification make rules for the purpose of carrying out all or any of the provision of this Ordinance. 25. (a) Any order made by a Controller or Rent Controller or any Court or appellate or provisional authority in any proceedings under any of the said enactments before the commencement of the Rent Restriction Act, 1952, before the first day of July, 1946, shall be deemed to have effect as an order under this Ordinance ; (b) all proceedings which immediately before the commencement of this Ordinance were pending with any Controller or Appellate Authority under the Azad Jammu and Kashmir Rent Restriction Act, 1952, shall stand transferred to and be continued before the Controller or the Appellate Authority, as the case may be, appointed under this Ordinance as if the same were instituted under the provisions of this Ordinance and any order made in any such proceedings as aforesaid shall for all purposes have effect as an order made under this Ordinance. 26. Repeal.- The Azad Kashmir Rent Restriction Act, 1952 (Council Order No. 659/52) is hereby repealed.
329 Volume VII (1981 to 1984) 27. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Rent Restriction Ordinance, 1980 (Ordinance XX of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
330 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd February, 1982. No. 129/LD/82. The following Ordinance made by the President on the 3rd day of February, 1982, is hereby published for general information. (ORDINANCE XXVIII OF 1982) AN ORDINANCE To provide for law relating to housing facilities for Government employees of Azad Jammu and Kashmir. WHEREAS it is expedient to make provisions for settlement of the employees in Azad Government of the State of Jammu and Kashmir in colonies at central places in Azad Kashmir in manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Government Employees Housing Facilities Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) “Allottee” means a Government employee to whom a plot is allotted under this Ordinance; (b) “Committee” means an Allotment Committee set-up by the Government under this Ordinance; (c) “Government” means Azad Government of the State of Jammu and Kashmir; (d) “Government employee” means an employee of Azad Government of the State of Jammu and Kashmir drawing pay in grade 1 to grade 15 and includes the
331 Volume VII (1981 to 1984) employees drawing fixed pay at any rate between minimum of grade 1 and maximum of grade 15; It also includes employees drawing their pays from contingent grants and funds of the semi Government organizations; (e) “Member” means a member of this Allotment Committee; (f) “Prescribed” means prescribed by rules, made under this Ordinance; (g) “Eligible” means eligible for the allotment of plots in accordance with the rules made under this Ordinance. 3. Earmarking the Area.- The Government may earmark and requisition or acquire an area comprised of crown land, evacuee land, resumed land, and private land for the purposes of setting up of a housing colony of the employees at District and Tehsil Headquarters within Azad Jammu and Kashmir. 4. Setting up of Allotment Committees.- (1) The Government may set-up Allotment Committees, one for each District, for carrying out the purposes of this Ordinance. (2) Each Committee shall consist of a Chairman and other members not exceeding two in number as may be appointed by the Government. 5. Allotment of Plots.- (1) The Committees shall take over the areas earmarked for the purpose and shall reduce it into plots of six marlas each. (2) Each eligible employee shall be allotted one plot of six marlas of land for the purposes of construction of residential houses as prescribed which shall not be transferable to any person except a Government employee. (3) The allottee shall pay the nominal or token price of the plot to the Committee in lump sum or in instalments as may be decided by the Committee under the direction of the Government. 6. Cancellation of Allotment.- The Committee or the Government may in case of defaults in payment of instalment or otherwise or in contravention of any rule and regulation cancel the allotment and the amount paid by the allottee shall stand forfeited to the Government. 7. Appointment of Appellate Authority.- (1) The Government may appoint any person of the status higher than that of the
332 Volume VII (1981 to 1984) Chairman of the Committee to hear and decide the appeals against the decision of the Allotment Committee. (2) All appeals against the orders of the Allotment Committee shall be submitted to the Appellate Authority within 15 days of the decision of the Committee. (3) The appellate authority may hear and decide the appeal preferred under sub-section (2) of this section in such manner as it thinks fit. 8. Rules.- The Government may make rules for carrying out the purpose of this Ordinance. 9. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Government Employees Housing Facilities Ordinance, 1981 (Ordinance CLXXXVII of 1981) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
333 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd February, 1982 No.132/LD/82. The following Ordinance made by the President on the 3rd day of February, 1982, is hereby published for general information:- (ORDINANCE XXIX OF 1982) AN ORDINANCE to amend the Holders of Representative Offices (Disqualification) Ordinance, 1981 WHEREAS it is expedient to amend the Holders of Representative Offices (Disqualification) Ordinance, 1981(Ordinance CCXIX of 1981) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Holders of Representative Offices (Disqualification) (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance CCXIX of 1981.- In the Holders of Representative Offices (Disqualification) Ordinance, 1981, (Ordinance CCXIX of 1981), in Section 3 , in after sub- Section (4), the following new Sub-section (5) shall be added, namely.” “(5) A seat of Disqualification Tribunal under this Ordinance shall be at Muzaffarabad or at such place at the President, may by notification in the official Gazette, specify in this behalf.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
334 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th February, 1982. No. 150/LD/82. The following Ordinance made by the President on the 7th day of February, 1982, is hereby published for general information. (ORDINANCE XXXII OF 1982) AN ORDINANCE to provide for law relating to constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS in pursuance of Section 31 sub-section (5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, the existing laws are to be brought in conformity with Quran and Sunnah; WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) “Council” means the Azad Jammu and Kashmir Council; (b) “Chairman” means Chairman of the Court; (c) “Court” means the Azad Jammu and Kashmir Shariat Court constituted under this Ordinance; (d) “Government” means the Azad Government of the State of Jammu and Kashmir;
335 Volume VII (1981 to 1984) (e) “High Court” means the Azad Jammu and Kashmir High Court; (f) “Judge” in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court includes the Chief Justice of Supreme Court or as the case may be High Court and also includes Additional Judge of the High Court; (g) “Law” includes any custom or usage having the force law but for the purpose of exercising jurisdiction under Section 4 does not include the Azad Jammu and Kashmir Interim Constitution Act, 1974, Muslim Personal Law and any law relating to the procedure of any Court or Tribunal or any law relating to the matters in the Council Legislative List; (h) “Member” means member of the Court; (i) “State Subject” means the State Subject as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974 and (j) “Supreme Court” means the Supreme Court of Azad Jammu and Kashmir. 3. The Azad Jammu and Kashmir Shariat Court.- (1) There shall be constituted for the purposes of this Ordinance a Court to be called the Azad Jammu and Kashmir Shariat Court. (2) The Court shall consist of two Muslim members, including the Chairman, to be appointed by the President. (3) The Chairman shall be a person who is or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be Judge of a High Court. (4) The Chairman and a member shall hold office for a period not exceeding three years: Provided that a retired Judge appointed as Chairman or member shall not hold office later than three years from the date of his retirement. (5) The Chairman if he is not a Judge of the Supreme Court and a member who is not Judge of the High Court, may by writing under his hand addressed to the President, resign his office. (6) The principal seat of the Court shall be at Muzaffarabad.
336 Volume VII (1981 to 1984) (7) Before entering upon office, the Chairman and a member shall make before the President or a person nominated by him oath in the form set out in the Schedule. (8) At any time when the Chairman or a member is absent of is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chairman or, as the case may be, the member. (9) (i) A Chairman who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a member who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court. (ii) A sitting Judge if appointed as Chairman or member of the Shariat Court shall be entitled to the same salary, allowances, privileges as are admissible to such Judge, before appointment as Chairman or as the case may be, the member in the Shariat Court. 4. Panel of Ulema and Ulema Members.- (1) The President may, in consultation with the Chairman draw up a penal of Ulema who are well-versed in Islamic Law for being associated with the Court in case before it. (2) The Chairman shall, in all cases before the Court, request to One Alim, borne on the aforesaid panel to attend the sittings of the Court as Alim member and, while so sitting, he shall have the same power and jurisdiction, and be entitled to the same privileges, as a member and such allowances as may be determined by the President. 5. Further jurisdiction of the Court.- The Court shall have such other jurisdiction as may be conferred on it by or under any law. 6. Powers, jurisdiction and functions of the Court.- (1) The Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:- 337 Volume VII (1981 to 1984) (a) the reasons for its holding that opinion; and (b) the Extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam. (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the Law so as to bring such law or provision into conformity with the Injunctions of Islam; and (b) such law or provision shall, to the Extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. 7. Powers and procedure of the Court.- (1) For the purpose of the performance of its functions, the Court shall have the powers as are vested in the High Court while exercising original civil jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceedings before the Court under this Ordinance may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (5), a person shall be an ‘aalim’ who in the opinion of the Court, is well-versed in Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam. 338 Volume VII (1981 to 1984) (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him. (9) No Court-fee shall be payable in respect of any petition or application to the Court under this Ordinance. (10) The Court shall have power to review any decision given or order made by it. 8. Appeal to the Supreme Court.- (1) Any party to any proceedings before the Court under Section 5 aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court. (2) The provisions of sub-section (3) of Section 6 and sub- section (4) to (8) of Section 7 shall apply to and in relation to the Supreme Court, as of reference to the provisions to Court were a reference to the Supreme Court. (3) For the purpose of the exercise of the jurisdiction conferred by this Section, there shall be constituted in the Supreme Court a Bench consisting of two Muslim Judges of the Supreme Court to be called the Shariat Appellate Bench, and reference in the preceding clauses to “Supreme Court,” shall be construed as a reference to the Shariat Appellate Bench. 9. Bar of Jurisdiction.- Save as provided under this Ordinance no Court or Tribunal, including the Supreme Court and a High Court shall entertain any proceedings or exercise any power or jurisdiction in any matter when the Shariat Court has the power to adjudicate and determine. 10. Pending proceedings to continue, etc.- (1) Subject to sub- section (2) nothing in this Ordinance shall be deemed to require any proceedings pending in any Court or Tribunal immediately before the commencement of this Ordinance or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accordance with the law for the time being in force. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before the commencement of this Ordinance shall stand transferred to the
339 Volume VII (1981 to 1984) Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Ordinance shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or Tribunal. 11. Administrative arrangements, etc.- The Government shall make all such administrative arrangements, and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court. 12. Power to make rules.- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely:- (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes, of the proceedings before the Court; (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court; (c) the powers and functions of the Court being exercised or performed by the Benches consisting of one or more members constituted by the Chairman; (d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and (e) the decision of case in which the members constituting a Bench are equally divided in their opinion. (3) Until rules are made under sub-section (1) of this Section the Shariat Benches of Superior Courts Rules, 1980, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Ordinance, continue in force. 13. The Chairman or member shall take oath as prescribed in the Schedule.
340 Volume VII (1981 to 1984) 14. Repeal.- The Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1981 (Ordinance CXLVII of 1981) is hereby repealed. SCHEDULE ‘Chairman or member of Azad Jammu and Kashmir Shariat Court, under Section 3 of Azad Jammu and Kashmir Shariat Court Ordinance, 1980.’ I, ……., do solemnly swear that, as the Chairman (or a member) of the Azad Jammu and Kashmir Shariat Court, I will discharge my duties, and perform my functions honestly to the best of my ability and faithfully in accordance with law; And that I will not allow my personal interest to influence my official conduct or my official decisions. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din Deputy Secretary Law
341 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 12th February, 1982 No. 180/LD/82 The following Ordinance made by the President on the 12th day of February, 1982, is hereby published for general information. (ORDINANCE XXXVII OF 1982) AN ORDINANCE further to amend the Punjab Land Revenue Act, 1887. WHEREAS it is expedient to amend the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Land Revenue (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 75, Act XVCII of 1887.- In the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, hereinafter referred to as the said Act, in Section 75, for the words ‘Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 3. Amendment of Section 77, Act XVII of 1887.- In the said Act, in Section 77,- (a) in sub-section (1) after the word "due" at the end, the colon shall be omitted and thereafter the words "and if the defaulter owns any property which is owned by him jointly with others and in the opinion of the Collector, the defaulter’s share cannot be sold or, if sold, cannot fetch a reasonable price, the whole of such property may be sold” shall be added; and
342 Volume VII (1981 to 1984) (b) in the proviso the words and comma “no interest save those of the defaulter alone shall be so proceeded against, and” shall be omitted." 4. Amendment of Section 79, Act XVII of 1887.- In the said Act, in Section 79, in sub-section (1) for the words “Financial Commissioner’ the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 5. Protection.- Any sanction accorded before the commencement of this ordinance shall be deemed to have been accorded under the provisions of this Ordinance. (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Khalil Ammed Qurashi) Secretary Law.
343 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 20th February, 1982. No.206/LD/82. The following Ordinance made by the President on the 20th day of February, 1982, is hereby published for general information:- (ORDINANCE XLIII OF 1982) AN ORDINANCE further to amend the Code of Criminal Procedure,1982 WHEREAS it is expedient to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance,1982. (2) It shall come into force at once. 2. Insertion of new Section 382-A, 382-B, and 382-C, Act V of 1898.- In the Code of Criminal Procedure,1898 (Act V of 1898), as in force in Azad Jammu and Kashmir, hereinafter referred to as the said Code, after Section 382, the following new Section 382-A, 382-B, and 382-C,shall be inserted:- “382-A. Postponement of execution of sentences of imprisonment under Section 476 or for a period of less than one year.- Notwithstanding anything contained in Section 383 or 391, where the accused- (a) is awarded any sentence of imprisonment under Section 476, or (b) is sentenced in case other than those provided for in Section 381, to imprisonment whether with or without fine or whipping, for a period of less than one year. The sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the expiry of the period prescribed for making an appeal against 344 Volume VII (1981 to 1984) such sentence or, if an appeal is made within that time until the sentence of imprisonment is confirmed by the Appellate Court, but the sentence shall be executed as soon as practicable after the expiry of the period prescribed for making an appeal, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence. 382-B. Period of detention to be considered while awarding sentence of imprisonment.-Where a Court decides to pass a sentence of imprisonment an accused for an offence, it shall take into consideration the period, if any, during which such accused was detained in custody for such offence, defense by him or on his behalf.” 382-C. Scandalous or false and frivolous pleas to be considered in passing sentence.- In passing a sentence on an accused for any offence, a Court may take into consideration any scandalous or false and frivolous pleas taken defense by him or on his behalf.” 3. Amendment of section 510, Act V of 1898.- In the said Code, for Section 510 the following shall be substituted, namely:- “510. Report of Chemical Examiner, Serologist, etc.- Any document purporting to be a report, under the hand of any Chemical Examiner or Assistant Chemical Examiner to any Serologist, finger print expert or fire-arm expert appointed by Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any enquiry, trial or other proceeding under this Code: Provided that the Court may, if it considers necessary in the trest of justice, summon and examine the person by whom such report has been made.” 4. Amendment of Schedule II, Act V of 1898.- In the Code of Criminal Procedure 1898 (Act V of 1898), in Schedule II, after the entries relating to Section 298, the following entries shall be inserted, namely:- 1 2 3 4 5 6 7 8 298-A. Use of May Ditto Ditto Non Imprison Ditto derogatory arrest compo ment of remarks without undable. either in respect warrant. descriptio of holy n for three personage. years, or fine, or both.
345 Volume VII (1981 to 1984) 5. Amendment of Second Schedule, Act V of 1898.- In the Code of Criminal procedure, 1898 (Act V of 1898), in the Second Schedule, for the heading ‘Offences Against other Laws’ and the entries there under the following heading and entries shall be substituted, namely:-
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din) Deputy Secretary Law
346 Volume VII (1981 to 1984)
OFFENCES AGAINST OTHER LAWS 1 2 3 4 5 6 7 8 If punishable May arrest Warrant Not Net Ditto Court of with death without bailable compound- Session (imprisonment warrant. able for life) or imprisonment for 7 years or upward. If punishable Ditto Ditto Ditto Ditto Ditto Magistrat with Except in e of the imprisonment cases under first for 3 years, the Arms class. and upward, Act, 1878, but less than 7 Section 19, years. which shall be bailable. If punishable Shall not Summons Bailable Ditto Ditto Magistrat with arrest e of first imprisonment without or second for 1 year, and warrant class upwards, but less than 3 years It punishable Ditto Ditto Ditto Ditto Ditto Any with Magistrat imprisonment e for less than 1 year, or with fine only. Offences against Tazeerate Islami, Hudood and Qasas. 1 2 3 4 5 6 7 8 If punishable May arrest Warrant No bailable Not Ditto Zilae with death, without compound- Adalat imprisonment warrant able for life, imprisonment exceeding 7 years, amputation of hand or foot or both hand and foot or with whipping exceed 80 stripes with or without any other of the said punishment. If punishable Ditto Ditto Ditto Ditto Ditto Tehsili with Adalat imprisonment for 3 years and upwards but not exceeding 7 years or with whipping not exceeding 80 stripes with or without imprisonment. If punishable Shall not Summons Bailable Ditto - Tehsili with arrest Adalat imprisonment without for 1 year and warrant upwards but 347 Volume VII (1981 to 1984) less than 3 years or with whipping not exceeding 40 stripes with or without imprisonment. If punishable Ditto Ditto Ditto Ditto - Tehsili with Adalat imprisonment for less than 1 years or with whipping not exceeding 10 stripes with or without imprisonment or with fine only.
348 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 22nd February, 1982. No.238/LD/82. The following Ordinance made by the President on the 22nd day of February, 1982, is hereby published for general information:- (ORDINANCE LII OF 1982) AN ORDINANCE to amend the Pakistan Administration of Evacuee Property Act, 1957 WHEREAS it is expedient to provide the measures for the permanent social and economic rehabilitation of allottees of evacuee property by granting them proprietary rights in such allotted evacuee property; AND WHEREAS the Government of Pakistan has also consented to grant of such proprietary rights to the refugees in the allotted evacuee property; AND WHEREAS it is necessary to amend the Pakistan ( Administration of Evacuee Property) Act, 1957, as in force in Azad Jammu & Kashmir , for aforesaid purposes; AND WHEREAS the President is satisfied that circumstances exit which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Pakistan Administration of Evacuee Property (Amendment) Ordinance 1982. (2) It shall Extent to whole of Azad Jammu & Kashmir Territory. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context ,- (a) ‘Act’ means Pakistan Administration of Evacuee Property Act, 1957, as adopted in Azad Jammu & Kashmir; (b) ‘allottee’ of Evacuee Property’ shall means the person or persons holding the allotment of any evacuee property under
349 Volume VII (1981 to 1984) the Rehabilitation Act, 1956 as adapted in Azad Jammu & Kashmir at the time of enforcement of this Ordinance and shall include any person whom any evacuee property as allotted in further under the said Act or any other law for the time being in force; (c) ‘Government’ means the Azad Government of the State of Jammu & Kashmir; (d) ‘Owner’ shall means the owner of the evacuee property as shown immediately before the war of liberation in 1947 or his heirs , survivors or successors who is /are by his personal law entitled to inheritance;- (e) ‘Rehabilitation Commissioner, means an officer appointed as such by the Government under the provisions of Pakistan Rehabilitation Act, 1956 adapted in Azad Jammu & Kashmir. 3. Amendment of Section 18 Act, XII of 1957.- In the Pakistan Administration of Evacuee Property Act, 1957 (Act XII of 1957) hereinafter referred to as the said Act, in Section 18 sub-section (6) the following new sub-section (7)shall be deemed always to have been so added;- “(7) The Government may, cancel the allotment of an evacuee property make in favour of any allottee, where it is proved, to the satisfaction of the Government, on the basis of inquiry made by Rehabilitation Authority that the alolttee has abandoned the allotted property or has consented to the cancellation of allotment. 4. Addition of Section 18-A and 18-B Act, XII of 1957.- In the said Act, after section 18, the following new Section shall be added, namely:- “18-A. (1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of the next following sub-sections the allottees holding allotment of evacuee property in Azad Jammu and Kashmir shall enjoy the proprietary rights in respect of such property so however, that such allotte, and every other person to whom any such property is transferred, by the allottee whether by way of sale, gift, mortgage or otherwise, shall hold the property subject to the condition that, if the owner of such property shall return to Azad Jammu and Kashmir at the time when a plebiscite is about to be, or is being, held in the State of Jammu and Kashmir in accordance with the UNCIP Resolution of the fifth day of January,1949, and shall claim the property, the allottee or other
350 Volume VII (1981 to 1984) person holding that property, shall surrender, the property infavour of the person who is declared to be the right-ful owner by the Custodian paying to the allottee or transfer the cost of any improvement made in the property. Provided that in the case where the Evacuee Property is held by any old tenant as defined in Government ORDER No. 25/60, then, notwithstanding the grant of Proprietary rights to the allottees in respect of such Evacuee Property, the old tenant shall have the protection against’ the ejectment to he the Extent indicated in para 1 (e) of the Government Order No.25/60 and he shall be liable to pay the rent to the alloottee as provided therein. (2) The proprietary rights in pursuance of sub-section (1) shall be granted by the Custodian to every allotee after realising from such allootee the cost and other dues prescribed by the rules, in the form of ‘Proprietary Rights Transfer Order’ on the Certificate of Entitlement from the Rehabilitation Commissioner. (3) The Rehabilitation Commissioner shall issue a Certificate of Entitlement under sub-section (2) after satisfying himself to the effect:- (a) that the allottee is entitled to the allotment of evacuee property in Azad Kashmir. (b) that the allotment has been made by the competent authority; (c) that the allotment is within scale prescribed by the Government from the time to time; Provided that the land in respect of which an allottee has received compensation from the Government shall be excluded for the purposes of entitlement from the maximum limit of entitlement; and (d) that the allotee has filed a form of holding of evacuee property prescribed by the Custodian of Evacuee property. (4) The order of Rehabilitation Commissioner refusing to issue a Certificate of entitlement shall be appealable to an officer authorized by Govt. in this behalf. (5) An order of Custodian granting or refusing to grant proprietary rights under sub-section (1) shall be revisable by Divisional Bench of High Court.
351 Volume VII (1981 to 1984) (6) The Rehabilitation Commission or as the case may be Custodian may review his own order to correct any clerical mistake or such omission which is apparent on the face of record. Provided that no order shall be reviewed without notice to the parties likely to be effected by the review. (7) the period of limitation for appeal, review or revision under sub-section (4) and (5) shall be 90 days from the date of order or the date on which it is communicated to person concerned whichever is later. 5. “18-B. (1) Notwithstanding anything contained contrary in any other law, for the time being in force, and without prejudice to the generality of the powers which already vest in him, the Custodian may cancel any allotment of evacuee property in the following cases:- (a) where an allotee has failed to comply with the terms and conditions of allotment within the meaning of Section 18 of the Act; (b) where an allottee has , to the satisfaction of the Custodian, voluntarily surrendered or abandoned the allotment; (c) where the allotment has been made in violation of law or is without jurisdiction; (d) where the evacuee property stand allotted to more than one persons and it is necessary to determine the entitlement to such allotment. (e) where an allotment is in excess of the prescribed scale and it is necessary to bring the allotment within scale in order to confer proprietary rights in accordance with law, upon such allottee. The Custodian shall exercise the powers of multiple judges under Multiple Allotment Act, 1961, in cases processed or being processed for the grant of proprietary rights. (2) The Custodian may eject summarily with the use of such force as may be necessary any person found in unauthorized possession of evacuee property or a person who is found by the Custodian to be an unsuitable person to hold such evacuee property or a person who in the opinion of the Custodian subsequently becomes unsuitable to hold such property. (3) The order passed by the Commissioner under sub- section (3) of Section 18-A except as provided by sub-section (4)
352 Volume VII (1981 to 1984) of Section 18-A and orders passed by Revising Authority under sub-section (4) of Section 18-A shall be final and shall not be called in question in any court or authority. (4) An order passed by Custodian under sub-section (2) of Section 18-A except as provided by sub-section (5) of Section 18-A and orders passed under Section 18-B shall be final not be called in question in any court or authority. 6. Savings.- Notwithstanding any judgment , decree or order of any court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Pakistan Administration of Evacuee Property (Amendment) Ordinance 1980 (Ordinance XXXVIII of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din) Deputy Secretary Law
353 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 27th February, 1982. No. 262/LD/82. The following Ordinance made by the President on the 27th day of February, 1982, is hereby published for general information. (ORDINANCE LVIII OF 1982) AN ORDINANCE to amend for law relating to constitution of Azad Jammu and Kashmir Shariat Court Ordinance, 1982. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Shariat Court Ordinance, 1982 (Ordinance XXXII of 1982), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance XXXII of 1982.- In the Azad Jammu and Kashmir Shariat Court Ordinance, 1982, (Ordinance XXXII of 1982), hereinafter referred to as the said Ordinance, in Section 2, for clause (h) the following shall be substituted, namely:- “(h) ‘Member’ means member of the Court and includes the Chairman of the Azad Jammu and Kashmir Shariat Court.” 3. Amendment of Section 3, Ordinance XXXII of 1982.- In the said Ordinance, in Section 3, after sub-section (8), the following sub-section (8-A) shall be added namely:- "(8-A) At any time when the Chairman of the Shariat Court is unable to hear and decide a particular case. for any cause the senior member of the Court shall act as Chairman and in case of a member, the Chairman shall
354 Volume VII (1981 to 1984) request the Chief Justice of High Court to nominate a Judge of High Court to sit and act as a member of the Court: Provided that if both the Chairman and member of the Court are unable to hear and decide a particular case, for any cause, the Chairman shall request the Chief Justice of High Court to nominate two Judges of the High Court to bear and decide the case and the senior Judge shall act as the Chairman in that, particular case only. 4. Amendment of Section 7, Ordinance XXXII of 1982.- In the said Ordinance, in Section 7, for sub-section (1) the following shall be substituted, namely:- "(1) For the purposes of the performance of its functions, the Court shall have, the powers as are vested in the High Court, while exercising revisional, Appellate and original civil and criminal jurisdiction)" 5. Addition of new Section 7-A Ordinance XXXII of 1982.- In the said Ordinance after Section 7, a new Section 7-A shall be added, namely:- "7-A. Application of Code of Criminal Procedure, 1898 (Act V of 1898), and amendment.- The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply, mutatis mutandis, in respect of cases under this Ordinance: Provided that in the said code the words High Court, Sessions Court, and Magistrate First Class wherever-occurring, shall be construed to mean the Azad Jammu and Kashmir Shariat Court, District Criminal Court and Tehsil Criminal Court as the case may be, for the purposes of this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din) Deputy Secretary Law
355 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 14th March, 1982. No. 304/LD/82. The following Ordinance made by the President on the 11th day of March, 1982, is hereby published for general information. (ORDINANCE LXIV OF 1982) AN ORDINANCE to amend the Mirpur Development Authority Act, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Act, 1974 (Act IV of 1974), for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called Mirpur Development (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Amendment of Section 11, Act IV of 1974.- In the Mirpur Development Authority Act, 1974 (Act IV of 1974) hereinafter referred to as the said Act, in Section 11, after the proviso, the following new proviso shall be added, namely;-- "Provided further that the Authority may make necessary additions and alternations as per actual requirements in the approved Master Plan."
3. Amendment of Section 23, Act IV of 1974.- In the said Ordinance, in Section 23, in sub-section (1) for the proviso, the following shall be substituted, namely:- “Provided that salaried officers and servants of Grade 19 and above shall not be appointed except with the previous sanction of the Government.”
356 Volume VII (1981 to 1984) 4. Amendment of Section 29, Act IV of 1974.- In the said Act, in Section 29, in the proviso to sub-section (3), for the word “five” the words “twenty-five” shall be substituted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Deputy Secretary Law
357 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 1st April, 1982. No. 369/LD/82. The following Ordinance made by the President on the 1st day of April, 1982, is hereby published for general information. (ORDINANCE LXXIV OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Public Service Commission Ordinance, 1982. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Public Service Commission Ordinance, 1982 (Ordinance XXIV of 1982) for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Public Service Commission (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 9, Ordinance XXIV of 1982.- In the Azad Jammu and Kashmir Public Service Commission Ordinance, 1982 (Ordinance XXIV of 1982) hereinafter referred to as the said Ordinance, after clause (e) the following new clause (d) shall be added, namely:- "(d) All appointments made by initial recruitment or by promotion as envisaged in clauses (a), (b) and (c) of this Section shall, notwithstanding anything contained in Azad Jammu and Kashmir Civil Servants Act, 1976 or rules framed thereunder or any other Law for the time being in force shall be deemed to be ad hoc appointments till the suitability is assessed by the Public Service Commission and the action thereon taken by the Government. Such posts shall not be advertised and only suitability of the incumbents shall be assessed by the Public Service Commission.
358 Volume VII (1981 to 1984) 3. Amendment of Section 12, Ordinance XXIV of 1982.- In the said Ordinance, in Section 12, for the words “this Ordinance” occurring in the third line, the words (Ordinance XXXVIII of 1978) shall be substituted and shall always deemed to have been so substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Deputy Secretary Law
NOTIFICATION
Date 1st April 1982
No. . . . . /LD/82. In exercise of the powers conferred by Section 23 of the Azad Jammu and Kashmir Civil Servants Act, 1976 the Azad Government of the State of Jammu and Kashmir is pleased to direct that in the Azad Jammu and Kashmir Civil Servants (Appointment And Conditions of Service) Rules, 1977 the following amendment shall be made, namely:- Amendment: In the aforesaid, rules in rule 13 for the sub-rule (2) the following shall be substituted:- "(2) If an officer appointed or promoted to a post on adhoc basis continues to hold office beyond six months without approval of the Public Service Commission/Selection Board he shall be deemed to continue on adhoc basis, till the approval of Public Service Commission/Selection Board and formal confirmation orders issued by the competent authority." Sd/- (Syed Atta Mohyuddin Qadri). Deputy Secretary Law No. 373-78/LD; 82, Dated 1st April, 1982.
359 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th April, 1982. No. 382/LD/82. The following Ordinance made by the President on the 7th day of April, 1982, is hereby published for general information. (ORDINANCE LXXV OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat- Deh’ Act, 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ Act, 1966, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 4, Act I of 1966.- In the Azad Jammu and Kashmir Grant of Khalsa Waste Land Act, 1966 (Act I of 1966) Section 4, after sub-section (3), for the full stop a colon shall be substituted, and thereafter the following proviso shall be added, namely:- "Provided that where such land is to be given as “Shamilat Deh” to Dehi Council to be managed by it as community Forest, the condition of twenty-four or more state trees per acre shall not apply: Provided further that till such time as the Dehi Council a position to take over management of community forests, the Forest Department shall manage and develop in its behalf. The provisions of the Jammu and Kashmir Forest Regulations 1930 and rules made thereunder shall apply to these forests. The
360 Volume VII (1981 to 1984) expenditure incurred on management and development thereof shall be deducted and the net income shall be treated as revenue of Deh Council.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Deputy Secretary Law
361 Volume VII (1981 to 1984)
THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 10th April, 1982 No.398/LD/82. The following Ordinance made by the President on the 30th day of March, 1982, is hereby published for general information:- (ORDINANCE LXXVIII OF 1982) AN ORDINANCE further to amend the Azad Kashmir Courts and Laws Code, 1949 WHEREAS it is expedient to amend the Azad Jammu and Kashmir Courts and Laws Code, 1949, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Courts and Laws Code (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 21, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Jammu and Kashmir Courts and Laws Code, 1949 in Section 21, in the first line the word “only” shall be deleted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
362 Volume VII (1981 to 1984)
363 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 17th April, 1982 No.412/LD/82. The following Ordinance made by the President on the 17th day of April, 1982, is hereby published for general information:- (ORDINANCE LXXX OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance,1982. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance,1982, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Amendment of Section 10, Ordinance LIV of 1982.- In the Azad Jammu and Kashmir Local Government Ordinance,1982(Ordinance LIV of 1982, hereinafter referred to as the said Ordinance, in section 10, after sub-section (4), the following new sub-section shall be added, namely :- “(5) The Women members equal to five percent of the total number of seats, subject to minimum of two, shall be nominated by the District Council.”
3. Amendment of Section 13, Ordinance LIV of 1982.- In the said Ordinance in Section 13, after sub-section (3), the following new sub-section (4) shall be added , namely :-
364 Volume VII (1981 to 1984) “(4) The Women members equal to five percent of the number of seats fixed, subject to minimum of two, shall be nominated by the Municipal Committee.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Mohammad Akram Shah) Secretary Law
365 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 29th April, 1982. No. 458/LD/82. The following Ordinance made by the President on the 29th day of April, 1982, is hereby published for general information: (ORDINANCE XCII OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Land Reforms Act, 1960. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Land Reforms Act, 1960 (Act V of 1960), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Land Reforms Act, 1960 (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 4, Act V of 1960.- In the Azad Jammu and Kashmir Land Reforms Act, 1960 (Act V of 1960) hereinafter referred to as the said Act, in Section 4, the word “Additional” shall be deleted and shall be deemed always to have been so deleted. 3. Addition of new Section 35-A, Act V of 1960.- In the said Act, after Section 35, the following new Section 35-A, shall be inserted, namely:- “35-A. All actions taken by the Land Commission, constituted under the Azad Jammu and Kashmir Land Reforms Act, 1960, shall be deemed to have been validly done, taken, initiated under this Ordinance.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law
366 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 2nd May, 1982. No.466/LD/82. The following Ordinance made by the President on the 2nd day of May, 1982, is hereby published for general information:- (ORDINANCE XCIV OF 1982) AN ORDINANCE Further to amend the Azad Kashmir Courts and Laws Code, 1949 WHEREAS it is expedient to amend the Azad Kashmir Courts and Laws Code, 1949, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Courts and Laws Code, 1949 (Amendment) Ordinance,1982. (2) It shall come into force at once.
2. Amendment of Section 5, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Kashmir Courts and Laws Code, 1949, hereinafter referred as the said Code, in Section 5,in sub-section (1),- (a) for the words ‘two or three other’ the words ‘three or more’ shall be substituted ; and (b) after sub-section (1) the following new sub-section (1-A) shall be inserted and shall be deemed always to have been so inserted, namely:- “(1-A) At any time when – (a) the office of the Chief Justice of the High Court is vacant ; or
367 Volume VII (1981 to 1984) (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause ; the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law
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CVIII of 1982
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370 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 1st June, 1982. No.583/SL/82. The following Ordinance made by the President on the 1st day of June, 1982, is hereby published for general information. (ORDINANCE CX OF 1982) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in Section 6, in sub-section (1), for the word ‘there’ the word ‘five’ shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974.- In the Ordinance, in Section 8, between the words ‘person’ and ‘shall‘ the words and comma ‘other than a Government servant’, shall be inserted. 4. Amendment of Section 15, Ordinance IV of 1974.- In the said Ordinance, in Section 15, in sub-section (2) after clause (xi) the following shall be added:- “(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be approved by the Government by a general or special order.”
371 Volume VII (1981 to 1984) 5. Addition of Section 31-A, Ordinance IV of 1974.- In the said Ordinance, after Section 31, the following new Section 31-A, shall be inserted, namely:- “31-A. Notwithstanding anything contained in any other law for the time being in force, all property of the following nature situated within the ‘Specified Areas’, shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance:- (i) All lands or other property already acquired for the construction of new Mirpur Town and Hamlets and other townships on the periphery of the Mangla Reservoir; (ii) All lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition under Land Acquisition Act, 198- by the Authority. (iii) All lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control any management or for any other purposes under this Ordinance.” 6. Substitution of Section 39, Ordinance IV of 1974.- In the said Ordinance, for the Section 39, the following shall be substituted:- “39. (1) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf; (2) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease; sale, exchange or transfer or any piece or land within specified areas shall he sufficient proof of the said title and shall be admissible in evidence of that title in any Court proceedings; (3) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government."
372 Volume VII (1981 to 1984) 7. Addition of a new Section 42-A, Ordinance IV of 1974.- In the said Ordinance after Sect ion 42, a new Section 42-A, shall be inserted, namely:-- "42-A. Removal of encroachments, etc.- (1) The Deputy Commissioner or any other person authorised by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as may be specified therein, the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person res- ponsible for the encroachment: Provided that the Authority may instead of requiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order: Provided further that the Authority may require an encroachment to be altered partially so far as it necessary to avoid contravention of a scheme approved by it.” 8. Substitution of Section 48, Ordinance IV of 1974.- In the said Ordinance, for Section 48, the following shall be substituted namely:- “48. Repealed Constitutional provisions.- (1) The New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government are hereby repealed all assets, rights and all property, movable and immovable and all interests therein and all debts, liabilities, and obligations of the Allotment Committee constituted under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the
373 Volume VII (1981 to 1984) powers of Allotment Committee constituted under the said Act, in respect of the plots/property allotted disposed of to different persons by the said Allotment Committee, including the powers of cancellation in case of infringement of any condition of allotment. (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974 shall stand dissolved, and all its powers of allotment and cancellation of allotment shall be exercisable by the Authority. In future the Authority shall prescribed the Procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such regulations; if any, made in this behalf. (4) The Authority may constitute an Allotment Committee constituting of such number of members as may determined in consultation with and approval of the Government. (5) The Allotment Committee constituted under sub-Section (4) shall have all the powers of allotment exercisable by the Authority under the provision of Ordinance or Rules or Regulations framed thereunder. The Allotment Committee may delegate its powers to a sub-Allotment Committee, consisting of not less than three of its Members. (6) (i) When the Government is satisfied that any property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority, in an illegal or improper manner, or to under serving persons or any other irregularity or impropriety has been committed in respect of any matter relating to the allotment of disposal of property etc, then it may appoint a revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of allotment, shall be forwarded by the Authority/Authorities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders, in all cases."
374 Volume VII (1981 to 1984) 9. Insertion of Section 48-A, Ordinance IV of 1974.- In the said Ordinance, after section 48 the following new Section 48-A shall be deemed always to have been so inserted, namely:- '48-A. Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable." 10. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVIII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been Validity done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayal Khan) President, Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
375 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd June, 1982. No. 603/LD/82. The following Ordinance made by the President on the 3rd day of June, 1982 is hereby published for general information. (ORDINANCE CXVI OF 1982) AN ORDINANCE to provide for law relating to housing facilities for Government employees or Azad Jammu and Kashmir. WHEREAS it is expedient to make provisions for settlement of Employees Azad Government of the State of Jammu and Kashmir in colonies at central places in Azad Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Government Employees Housing Facilities Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject of context:- (a) “Allottee” means a Government employee to whom a plot is allotted under this Ordinance; (b) “Committee” means an Allotment Committee set-up by the Government under this Ordinance; (c) “Government” means Azad Government of the State of Jammu and Kashmir; (d) “Government employee” means an employee of Azad Government of the State of Jammu and Kashmir drawing pay in grade 1 to 15 and includes the employees
376 Volume VII (1981 to 1984) drawing fixed pay at any rate between minimum of Grade 1 and maximum of grade 15. It also includes employees drawing their pays from contingent grants and funds of the semi-Government organizations (e) “Member” means a member of this Allotment Committee. (f) “Prescribed” means prescribed by rules, made under this Ordinance; (g) “Eligible” means eligible for the allotment of plots in accordance with the rules made under this Ordinance. 3. Earmarking the Area.- The Government may earmark and requisition or acquire an area comprised of crown land, evacuee land, resumed land, and private land for the purposes of setting up of a housing colony of the employee at District and Tehsil Headquarters within Azad Jammu and Kashmir. 4. Setting Up of Allotment Committee.- (1) The Government may set-up allotment Committee, one for each District, for carrying out the purposes of this Ordinance. (2) Each Committee shall consist of a Chairman and other members not exceeding two in number as may be appointed by the Government. 5. Allotment of Plots.- (1) The Committees shall take over the areas earmarked for the purpose and shall reduce it into plots of six marlas each. (2) Each eligible employee shall be allotted one plot of six marlas of land for the purposes of construction of residential houses as prescribed which shall not be transferable to any person except a Government employee. (3) The allottee shall pay the nominal or token price of the plot to the Committee in lump-sum or in instalments as may be decided by the Committee under the direction of the Government. 6. Cancellation of Allotment.- The Committee or the Government may; in case of defaults in payment of instalment or otherwise or in contravention of any rules and regulation cancel the allotment and the amount paid by the allottee shall stand forfeited to the Government. 7. Appointment of Appellate Authority.- (1) The Government may appoint a person of the status higher than that of the
377 Volume VII (1981 to 1984) Chairman of the Committee to hear and decide the appeals against the decision of the Allotment Committee. (2) All appeals against the orders of the Allotment Committee shall be submitted to the Appellate Authority within 15 days of the decision of the Committee. (3) The appellate authority may hear and decide the appeal preferred under sub-section (2) of this section in such manner as it thinks fit. 8. Rules.- The Government may make rules for carrying out the purposes of a Ordinance. 9. Saving.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Government Employees Housing Facilities Ordinance, 1981 (Ordinance CLXXXVIII of 1981) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Deputy Secretary Law
378 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 6th June, 1982. No. 613/LD/82. The following Ordinance made by the President on the 6th day of June, 1982, is hereby published for general information:-. (ORDINANCE CXIX OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Shariat Court Ordinance, 1982. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Shariat Court Ordinance, 1982, (Ordinance XXXII of 1982), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Amendment of Section 2, Ordinance XXXII of 1982.- In the Azad Jammu and Kashmir Shariat Court Ordinance, 1982 (Ordinance XXXII of 1982), hereinafter referred to as the said Ordinance, in Section 2, for clause (h) of following shall be substituted, namely:- “(h) ‘Judge’ means a Judge of the Shariat Court and includes an ad-hoc Judge and the Chief Justice of the Shariat Court.” 3. General amendment, Ordinance XXXII of 1982.- In the said Ordinance:- (a) for the word “Chairman” wherever occurring, the word “Chief Justice” shall be substituted;
379 Volume VII (1981 to 1984) (b) for the word “member” wherever occurring, the word “Judges” shall be substituted; and (c) for the word “member” wherever occurring, the word “Judge” shall be substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
380 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 6th June, 1982. No. 621/LD/82. The following Ordinance made by the President on the 4th day of June, 1982, is hereby published for general information:-. (ORDINANCE CXX OF 1982) AN ORDINANCE to amend the Mirpur Development Authority Act, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Act, 1974 (Act IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 6, Act IV of 1974.- In the Mirpur Development Authority Act, 1974 (Act IV of 1974), in Section 6, in sub-section (1), for the words “not less than five” the words “not more than four” shall be substituted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
381 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th June, 1982. No. 626/LD/82. The following Ordinance made by the President on the 7th day of June, 1982, is hereby published for general information:- (ORDINANCE CXXI OF 1982) AN ORDINANCE to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court. WHEREAS in pursuance of Section 31 sub-section (5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, the existing laws are to be brought in conformity with Quran and Sunnah; WHEREAS it is expedient to provide for law relating to the constitution of Azad Jammu and Kashmir Shariat Court, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Shariat Court Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (a) 'Council' means the Azad Jammu and Kashmir Council; (b) ‘Chief Justice’ means the Chief Justice of the Court; (c) 'Court' means the Azad Jammu and Kashmir Shariat Court constituted under this Ordinance; (d) 'Government' means the Azad Government of the State of Jammu and Kashmir;
382 Volume VII (1981 to 1984) (e) 'High Court' means the Azad Jammu and Kashmir High Court; (f) 'Judge' in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court includes the Chief Justice of Supreme Court or as the case may be High Court and also includes Additional Judge of the High Court; (g) 'Law' includes any custom or usage having the force of law but for the purpose of exercising jurisdiction under Section 4 does not include the Azad Jammu and Kashmir Interim Constitution Act, 1974, Muslim Personal Law, any law relating to the procedure of any Court or Tribunal or any law relating to the matters in the Council Legislative List; (h) ‘Judge of Shariat Court’ means a Judge of the Shariat Court and includes an adhoc Judge and the Chief Justice of the Shariat Court; (i) 'State Subject' means the State Subject as defined in the Azad Jammu and Kashmir Interim Constitution Act, 1974; and (j) 'Supreme Court' means the Supreme Court of Azad Jammu and Kashmir. 3. The Azad Jammu and Kashmir Shariat Court.- (1) There shall be constituted for the purposes of this Ordinance a Court to be called the Azad Jammu and Kashmir Shariat Court. (2) The Court shall consist of two Muslim Judges including the Chief Justice to be appointed by the President. (3) The Chief Justice shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court as Judge shall be a person who is, or has been or is qualified to be a Judge of a High Court. (4) The Chief Justice and a Judge shall hold office for a period not exceeding three years: Provided that a retired Judge appointed as Chief Justice or Judge shall not hold office latter than three years from the date of his retirement. (5) The Chief Justice if he is not a Judge of the Supreme Court and Judge who is not Judge of the High Court, may by writing under his hand addressed to the President, resign his office.
383 Volume VII (1981 to 1984) (6) The principal seat of the Court shall be at Muzaffarabad. (7) Before entering upon office, the Chief Justice and Judge shall make before the President or a person nominated by him oath in the form set out in the Schedule. (8) At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be, the Judge. (9) At any time when the Court is not complete or it is not possible for want of quorum of Judges of the Court to hold or continue any sitting of the Court or for any other reason it is necessary to increase temporarily the member of Judges of the Court the Chief Justice may in writing with the approval of the President request a person who is duly qualified for appointment as Judge to the Court, to attend the sitting of the Court as a ad hoc Judge for such period or such cases as may be necessary and while so attending an ad hoc Judge shall have the same powers and jurisdiction as are vested in the Judge of the Court. (10) (i) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same salary, allowances and privileges as are admissible to a Judge of a High Court. (ii) A sitting Judge if appointed as Chief Justice or Judge the Shariat Court shall be entitled to the same salary, allowances, privileges as are admissible to such Judge, before appointment as Chief Justice or as the case may be, the Judge in the Shariat Court. 4. Panel of Ulema and Ulema Judges.- (1) The President may, in consultation with the Chief Justice draw up a penal of Ulema who are well-versed in Islamic Law for being associated with the Court in cases before it. (2) The Chief Justice shall, in all cases before the Court, request to one Alim, borne on the aforesaid panel to attend the sitting of the Court as Alim Judge and, while so sitting, he shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge and such allowances as may be determined by the President.
384 Volume VII (1981 to 1984) 5. Further jurisdiction of the Court.- The Court shall have such other jurisdiction as may be conferred on it by or under any Law. 6. Powers, jurisdiction and functions of the Court.- (1) Court may, on the petition of a citizen of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and the sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision:- (a) the reasons for its holding that opinion; and (b) the Extent to which such law or provision is so repugnant and specify the day on which the decision shall take effect. (3) If any law or provision of law is held by the Court to be repugnant to be Injunctions of Islam. (a) the President in the case of a law with respect to a matter not enumerated in Council List, shall take steps to amend the Law so as to bring such law or provision into conformity with the Injunctions of Islam; and (b) such law or provision shall, to be Extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. 7. Powers and procedure of the Court.- (1) For the purposes of the performance of its functions, the Court shall have the powers as are vested in the High Court while exercising revisional, appellate and original civil and criminal jurisdiction. (2) All directions and orders passed or process issued by the Court shall be enforceable and executed in Azad Jammu and Kashmir as if it has been issued by the High Court. (3) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (4) The Court shall have the power of a High Court to punish its own contempt. (5) A party to any proceedings before the Court under this Ordinance may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the
385 Volume VII (1981 to 1984) Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (6) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (5), a person shall be an ‘aalim’ who in the opinion of the Court, is well-versed in Shariat. (7) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam. (8) The Court may invite any person in Azad Jammu and Kashmir or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him. (9) No Court-fee shall be payable in respect of any petition or application to the Court under this Ordinance. (10) The Court shall have power to review any decision given or order made by it. 8. Application of Code of Criminal Procedure, 1898 (Act V of 1898) and amendment.- The provisions of the Code of Criminal Procedure, 1898, (Act V of 1898), shall apply, mutatis mutandis, in respect of cases under this Ordinance: Provided that in the said code the words High Court, Sessions Court, and Magistrate First Class wherever occurring, shall be construed to mean the Azad Jammu and Kashmir Shariat Court, district Criminal Court and Tehsil Criminal Court as the case may be, for the purposes of this Ordinance. 9. Appeal to be Supreme Court.- (1) Any party to any proceedings before the Court under Section 6 aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court. (2) The provisions of sub-section (3) of Section 6 and sub- sections (4) to (8) of Section 7 shall apply to and in relation to the Supreme Court, as if reference to the provisions to court were a reference to the Supreme Court. (3) For the purpose of the exercise of the jurisdiction conferred by this Section, there shall be constituted in the Supreme Court a Bench consisting of two Muslim Judges of the
386 Volume VII (1981 to 1984) Supreme Court to be called the Shariat Appellate Bench, and reference in the preceding clauses to “Supreme Court,” shall be constituted as a reference to the Shariat Appellate Bench. 10. Bar of Jurisdiction.- Save as provided under this Ordinance no Court of Tribunal, including the Supreme Court and a High Court shall entertain any proceedings or exercise any power or jurisdiction in any matter when the Shariat Court has the power to adjudicate and determine. 11. Pending proceedings to continue, etc.- (1) Subject to the sub- Section (2) nothing in this Ordinance shall be deemed to require any proceedings pending in any Court or Tribunal immediately before the commencement of this Ordinance or initiated a such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the deciding of the point in issue in such proceedings is repugnant to the injunctions of Islam; and all such proceedings shall continue and the point in issue therein shall be decided, in accordance with the law for the time being in force. (2) All proceedings pending before any High Court, Shariat Bench or in the Appellate Shariat Bench immediately before the commencement of this Ordinance shall stand transferred to the Court and shall be dealt with by the Court from the stage from which they are so transferred. (3) The Court in the exercise of its jurisdiction under this Ordinance shall not grant an injunction or make any interim order in relation to any proceedings pending in any other Court or Tribunal. 12. Administrative arrangements, etc.- The Government shall make all such administrative arrangements, and make available to the Court the services of such officers and experts, as it may consider necessary for the convenient performance of the functions of the Court. 13. Power to make rules.- (1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any other following matters, namely:- (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in 387 Volume VII (1981 to 1984) attending for the purposes of the proceedings before the Court; (b) the form of oath to be made by a jurisconsult, expert or witness appearing before the Court; (c) the powers and Functions of the Court being exercised or performed by the Benches consisting of one or more members constituted by the Chief Justice; (d) the decision of the Court being expressed in terms of the opinion of the majority of its Judge or, as the case may be, of the Judges constituting a Bench; and (e) the decision of case in which the Judges constituting a Bench are equally dived in their opinion. (3) Until rules are made under sub-section (1) of this Section the Shariat Benches of Superior Courts Rules, 1980, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Ordinance, continue in force. 14. The Chief Justice or Judges shall take oath as prescribed in the Schedule. 15. Repeal.- The Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1981 (Ordinance LVIII of 1981) the Azad Jammu and Kashmir Shariat Court (Amendment) Ordinance, 1982 (Ordinance LXXVI of 1982) and the Azad Jammu and Kashmir, Shariat Court (Amendment) Ordinance, 1982 Ordinance CXIX of 1982) are hereby repealed. SCHEDULE ‘Chief Justice or Judge of Azad Jammu and Kashmir Shariat Court, under Section 3 of Azad Jammu and Kashmir Shariat Court, Ordinance, 1980.’ I, ……………, do solemnly swear that, as the Chief Justice (or a Judge) of the Azad Jammu and Kashmir Shariat Court, I will discharge my duties, and perform my functions honestly to the best of my ability and faithfully in accordance with law; And that I will not allow my personal interest to influence my official conduct or my official decisions. (Mohammad Hayat Khan) President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Laws
388 Volume VII (1981 to 1984)
389 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 14th June, 1982.
No. 669/LD/82. The following Ordinance made by the President on the 14th day of June, 1982, is hereby published for general information. (ORDINANCE CXXVII OF 1982) AN ORDINANCE to amend the Penal Code, 1860.
WHEREAS it is necessary to amend the Penal Code, 1860 (Act XLV of 1860), for the purposes hereinafter appearing;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title Extent Commencement.- (1) This Ordinance may be called the Penal code (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Addition of new Section 298-A, Act XLV of 1860.- In this Pakistan Penal Code, 1860 (Act XLV of 1860), as in force in Azad Jammu and Kashmir, in Chapter XV, after Section 298, the following new section shall be added, namely:-
“298-A. Use of derogatory remarks etc., in respect of personages:- Whoever by words either spoken, or written , or by visible representation or by any imputation innuendo or insinuation directly or indirectly, defiles the sacred name of any wife (Ummul-Momaneen), or members of the family (Ahle-Bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-i- Raashideen) and companions (Sahaaba) of the Holy 390 Volume VII (1981 to 1984) Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.”
(Mohammad Hayat Khan) President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Laws
391 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 24th June, 1982. No. 742/LD/82. The following Ordinance made by the President on the 24th day of June, 1982, is hereby published for general information. (ORDINANCE CXLIV OF 1982) AN ORDINANCE to provide for measures to observe the sanctity of the month of Ramzan. WHEREAS, in view of the tenets of Islam it is necessary to provide for measures to observe the sanctity of the month of Ramzan; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Ehtram-i-Ramzan Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once.
2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context, “public place” includes any hotel, restaurant, canteen, house, room, tent enclosure, road, lane, bridge or other place to which the public have access.
3. Prohibition of eating etc., in public place.- (1) No person who according to the tenets of Islam, is under an obligation to fact shall eat, drink or smoke in a public place during fasting hours in the month of Ramzan. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both.
392 Volume VII (1981 to 1984) 4. Prohibition of serving eatables in certain public places.- (1) No proprietor, manager, servant or other person incharge of a hotel, restaurant or canteen or other public place, shall knowingly and willfully offer or serve or cause to be offered or served any eatables during fasting hours in the month of Ramzan to any person who, according to the tenets of Islam, is under an obligation to fast. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both. 5. Exemptions.- Nothing contained in Section 4 shall apply in respect of:- (a) A canteen or Kitchen maintained in a hospital for serving food to patients; (b) A Kitchen or canteen meant for children within the premises of a primary school. 6. Cinema-houses, theatres etc., to remain closed during Ramzan.- (1) All Cinemas houses, theatres and similar other establishments or institutions shall remain closed during the months of Ramzan from the time of sunset to the expiration of three hours thereafter. (2) If the proprietor, manager, servant or other person in charge of cinema house, theatre or similar other establishment or institution contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rupees five thousand, or with both. 7. Power to enter and arrest.- (1) If any Magistrate, the Chairman of a District Council or a Municipal Committee or a Town Committee, or the Chairman or a Member of a District Zakat and Ushr Committee has reason to believe that any offence punishable under this Ordinance has been committed by any person in or at a public place, he may enter the public place and arrest such person. (2) Where the Magistrate arresting any person under sub- section (1) is for the time being empowered to try in summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) and Magistrate may try such person at the place where he is arrested
393 Volume VII (1981 to 1984) in accordance with the provisions contained in Sections 262 to 265 of the said Code. (3) When any person is arrested under sub-section (1) by a person other than the Magistrate referred to in sub-section (2) such person shall, if a bond to his satisfaction is not executed, forward the person arrested to the nearest police station with a report of the circumstances in which such arrest was made. 8. Cognizance of offences and procedure.- (1) Save as provided in sub-section (2) of Section 7, no Court shall take cognizance of any offence punishable under the Ordinance except on a complaint in writing made by a person authorized to arrest under sub-section (1) of that section or by the officer incharge of the police station in whose jurisdiction the offence is alleged to have been committed. (2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal procedure, 1898 (Act V of 1898), may try any offence punishable under this Ordinance in accordance with the provisions contained in Section 262 to 265 of the said Code. (3) The officer-in-charge of the police station to which a person arrested is forwarded under sub-section (3) of Section 7 shall make a complaint to a Magistrate within 24 hours of the time on which such person is brought to the police station. (4) The trial of an offence punishable under this Ordinance shall be taken up on priority basis and shall be concluded as expeditiously as may be administratively possible. 9. Power to make rules.- (1) The Government may make rules for carrying out the purpose of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide that, in a canteen, restaurant or dining-car referred to in Clause (a), (b), (c) or (d) of Section 5, eatables of articles of smoking shall only be served at a place protected from public view by means of a curtain or otherwise, and specify the classes of persons who may be admitted to any such canteen, restaurant or dining-car during fasting hours in the month of Ramzan. (3) A person contravening any rule made under sub-section (1) shall be deemed to be guilty of an offence punishable under Section 4 and shall be punishable accordingly.
394 Volume VII (1981 to 1984) 10. Ordinance to over-ride other laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. 11. Repeal.- The Azad Jammu and Kashmir Sanctity of Ramzan Act, 1971 is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Laws
395 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th July , 1982. No.1016/LD/82. The following Ordinance made by the President on the 7th day of July, 1982, is hereby published for general information:- (ORDINANCE CXLVII OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance,1982 WHEREAS it is expedient to amend the Local Government Ordinance, 1982 (Ordinance CXLII of 1982) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance,1982. (2) It shall come into force at once. 2. Amendment of Section 18, Ordinance CXLII of 1982.- In the Azad Jammu and Kashmir Local Government Ordinance, 1982 (Ordinance CXLII of 1982), hereinafter referred to as the said Ordinance, in proviso to sub-section (2) of Section 18, between the words “first” and “election” the words “and second” shall be inserted. 3. Amendment of Second schedule ordinance CXLII of 1982.- In the Ordinance in the second schedule in part II between clause “(b)” and “(c)” the following clause (bb) shall be inserted, namely:- “(bb) if he has been convicted of an offence or a corrupt or illegal practice relating to elections, or has been found guilty of any such offence or practice in any proceedings for questioning the validity or regularity of an election, unless five years or such 396 Volume VII (1981 to 1984) less period as the Government may, by notification in the official Gazette, specify in this behalf has elapsed from the date of other order, or from the date of the expiration of the sentence, if any.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) |Secretary Law
397 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 11th July, 1982. No. 812/LD/82. The following Ordinance made by the President on the 11th day of July, 1982, is hereby published for general information. (ORDINANCE CL OF 1982) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in Section 6, in sub-section (1), for the words “not less than five” the words “not more than four” shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974.- In the said Ordinance, in Section 8, between the words 'person' and 'shall' the words and comma ‘other than a Government servant’, shall be inserted. 4. Amendment of Section 11, Act IV of 1974.- In the said Act, in Section 11, after the proviso, the following new proviso shall be added, namely:- “Provided further that the Authority may make necessary additions and alterations as per actual requirements in the approved Master Plan.
398 Volume VII (1981 to 1984) 5. Amendment of Section 15, Ordinance IV of 1974.- In the said Ordinance, in Section 15, in sub-section (2) after clause (xii) the following shall be added:- "(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be approved by the Government by a general or special order”. 6. Amendment of Section 23, Act IV of 1974.- In the said Ordinance, in Section 23, in sub-section (1) for the proviso of the following shall be substituted, namely:- “Provided that salaried officers and servants of grade 19 and above shall not be appointed except with the previous sanction of the Government”. 7. Amendment of Section 29, Act IV of 1974.- In the said Act in Section 29, in the proviso to sub-section (3), for the word “five” the words “twenty-five” shall be substituted. 8. Addition of Section 31-A, Ordinance IV of 1974.- In the said Ordinance, after Section 31, the following new Section 3l-A, shall be inserted, namely:- “31-A Notwithstanding anything contained in any other law for the time being in force, all property of the following nature situated within the 'Specified Areas', shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance:- (i) All lands or other property already acquired for the construction of new Mirpur Town and Hamlets and other townships on the periphery of the Mangla Reservoir; (ii) All lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition, under Land Acquisition Act, 1894, by the Authority; (iii) All lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control and management or for any other purpose under the Ordinance.” 9. Substitution of Section 39, Ordinance IV of 1974.- In the said Ordinance, for Section 39, the following shall be substituted:- “39. (1) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf;
399 Volume VII (1981 to 1984) (2) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease, sale, exchange or transfer of any piece of land within specified areas shall be sufficient proof of the said title and shall be ad- missible in evidence of that title in any Court proceedings; (3) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government.” 10. Addition of a new Section 42-A, Ordinance IV of 1974.- In the said Ordinance after Section 42, a new Section 42-A, shall be inserted, namely:- "42-A. Removal of encroachments, etc.- (1) The Deputy Commissioner or any other person' authorised by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as may be specified therein the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: Provided that the Authority may instead of re- quiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order: Provided further that the Authority may require an encroachment to be altered partially so far as is necessary to avoid contravention of a scheme approved by it." 11. Substitution of Section 48, Ordinance IV of 1974.- In the said Ordinance, for Section 48, the following shall be substituted namely:-
400 Volume VII (1981 to 1984) “48. Repealed Consequential provisions.- (1) The New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government are hereby repealed. All assets; rights and all property, movable and immovable and all interests therein and all debts, liabilities and obligations of the Allotment Committee constituted under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the powers of Allotment Committee constituted under the said Act, in respect of the plots/property allotted/ disposed of to different persons by the said Allotment Committee, including the powers of cancellation in cases of infringement of any condition of allotment. (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974, shall stand dissolved; and all its powers of allotment and cancellation/allotment shall be exercisable by the Authority. In future the Authority shall prescribe the procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such re- gulations, if any, made in this behalf. (4) The Authority may constitute an Allotment Committee consisting of such number of members as may be determined a consultation with and approval of the Government. (5) The Allotment Committee constituted under sub-section (4) shall have all the powers of allotment exercisable by the Authority under the provision of the Ordinance or Rules or Regulations framed thereunder. The Allotment Committee may delegate its powers to a sub-Allotment Committee, the consisting of not less than three of its Members. (6) (i) Whenever the Government is satisfied that any property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority in an illegal or improper manner, or to under serving person or any other irregularity or impropriety has been committed in respect of any matter relating to
401 Volume VII (1981 to 1984) the allotment or disposal of property etc. then it may appoint revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of allotment, shall be forwarded by the Authority/Autho- rities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders in all cases." 12. Insertion of Section 48-A, Ordinance IV of 1974.- In the said ordinance, after Section 48 the following new Section 48-A shall be deemed always to have been so inserted, namely: "48 A. - Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable." 13. Repeal.- The Mirpur Development Authority (Amendment) Ordinance, 1982 (Ordinance CX of 1982) and the Mirpur Development Authority (Amendment) Ordinance, 1982 (Ordinance CXX of 1982) are hereby repealed. 14. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, everything done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVlII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law.
402 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 15th July,1982. No. 838/LD/82. The following Ordinance made by the President on the 12th day of July, 1982, is hereby published for general information. (ORDINANCE CLIV OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Act, 1974. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Act, 1974 (Act VI of 1974), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Regulation of Nautors and Grant of Khalsa Land Act, 1974 (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 9, Act VI of 1974.- In the Azad Jammu and Kashmir Regulation of Nautors and Grant of Khalsa Land Act, 1974 (Act VI of 1974) in Section 9, after the proviso the follow new proviso shall be inserted and shall be deemed to have taken effect on and from the date of promulgation of Government Order Nos. 282/57 and 65/67. “Provided further that all actions taken, notifications issued, orders passed for regularization of nautors, grant of khalsa land and passed for Teh zamini under Government order Nos. 282/57, 65/67 or any other law before the commencement of Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Act, 1974 shall be subject to appeal, review and revision under the Land Revenue Act, 1887.” (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
403 Volume VII (1981 to 1984) . CLX of 1982 . . . . . "" "" . . 404 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW AND PARLTAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated the 11th August, 1982. No. 955/SL/82. The following Ordinance made by the President on the 8th day of August, 1982, is hereby published for general information:- (ORDINANCE CLXVIII OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1982. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1982 (Ordinance XCVI of 1982) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action: NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have taken effect on and from the 22nd day of February, 1980. 2. Amendment of Section 2, Ordinance XCVI of 1982.- In Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1982 (Ordinance XCVI of 1982), hereinafter referred to as the said Ordinance, in Section 2, for clause (b) the following shall be substituted, namely:- “(b) ‘Development schemes’ means any public welfare scheme including water supply, roads, public buildings, electric installation and land used for industrial purposes or Army purposes or any other similar purpose specified by the Official Development Agency.”
405 Volume VII (1981 to 1984) 3. Amendment of Section 7, Ordinance XCVI of 1982.- In the said Ordinance, in Section 7, for the proviso the following shall be substituted, namely:- ‘Provided that the maximum rate of compensation so determined in the notified Master Plan Area for Housing Schemes, Development Schemes and land required for Army purposes by the Collector shall not exceed rupees twenty thousand per kanal in the District Headquarters of Muzaffarabad, Rawalakot, Kotli and Mirpur, ten thousands per kanal in Tehsil Headquarters and rupees five thousands per kanal in other areas.’ “Provided further that notwithstanding any judgment, decree or order of any Court including High Court, it shall also apply to the cases in which although the proceedings were taken under Land Acquisition Act or under any other law relating to the compulsory acquisition of immovable property for the time being in force whether before 22 February, 1980 or afterwards, and any reference or appeal or any other proceedings are pending against any award or order made in the said proceedings, in any court or before any authority at the time of promulgation of this amending Ordinance.” (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law.
406 Volume VII (1981 to 1984)
KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 15th August, 1982 No.982/LD/82. The following Ordinance made by the President on the 11th day of August, 1982, is hereby published for general information:- (ORDINANCE CLXX OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privileges) Act, 1975 WHEREAS it is necessary to amend the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privileges) Act, 1975 (Act XVIII of 1975) for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Ministers (Salaries, allowances and Privileges) (Amendment) Ordinance, 1982, (2) It shall come into force at once and shall be deemed to have taken affect on and from the 1st day of July, 1981, except Section 4 to 7 of this Ordinance which shall take effect from 1st day of July, 1982. 2. Amendment of Section 3, Act XVIII of 1975.- In the Azad Jammu and Kashmir Ministers (Salaries, allowances and Privileges) Act, 1975 (Act XVIII of 1975) hereinafter referred to as the said Act, in Section 3, for the words “Two thousand and five hundred” the words “Three thousand” shall be substituted. 3. Amendment of Section 6, Act XVIII of 1975.- In the said Act, in Section 4, for the words “one thousand and five hundred” the words “One thousand and five hundred” the words “Three thousand” shall be substituted. 4. Amendment of Section 4, Act XVIII of 1975.- In the said Act, in Section 6, in sub-section (2), for the words “Seven hundred
407 Volume VII (1981 to 1984) and fifty” the words “One thousand and five hundred” shall be substituted. 5. Amendment of Section 8, Act XVIII of 1975.- In the said Act, in Section 8, in sub-section (1),- (a) for the word “Twenty thousand” the words “Forty thousand” shall be substituted; and (b) in sub-section (3) in clause (ii) for the figures “1500/-“ the figures “4000/-“ shall be substituted. 6. Amendment of Section 11, Act XVIII of 1975.- In the said Act, in Section 11, for the words “Seventy five” the words “One hundred” shall be substituted. 7. Amendment of Section 15, Act XVIII of 1975.- In the said Act, in Section 15, in sub-section (2) for the words “Two thousand and five hundred” the words “Three thousand” shall be substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
408 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 23rd August, 1982. No. 1165/LD/82. The following Ordinance made by the President on the 22nd day of August, 1982, is hereby published for general information. (ORDINANCE CLXXVI OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975. WHEREAS it is necessary to amend the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have taken effect on and from the Ist day of July, 1982. 2. Amendment of Section 8, Act XIX of 1975.- In the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975 (Act XIX of 1975), in Section 13, for the words “Seventy-five” the words “one hundred” shall be substituted. (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
409 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd September, 1982 No. 1238/LD/82. The following Ordinance made by the President on the 3rd day of September, 1982, is hereby published for general information. (ORDINANCE CLXXXVI OF 1982) AN ORDINANCE To amend the Azad Jammu and Kashmir Service Tribunals Act, 1975. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Act XXII of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have been taken effect on and from the 1st day of May, 1977. 2. Amendment of Schedule I, paragraph 4 sub-paragraph (2), clause (a), Act XXII of 1975.- In the Azad Jammu and Kashmir Service Tribunals Act, 1975 (Act XXII of 1975) in Schedule I, paragraph 4, sub-paragraph (2), in clause (a) the words “subject to a maximum of Rs. 2,300/- per month if his pay is in National Pay Scale below grade 20” occurring at the end, shall be deleted.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
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415 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 21st September, 1982. No. 1339/LD/82. The following Ordinance made by the President on the 21st day of September, 1982, is hereby published for general information. (ORDINANCE CXCIX OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat- Deh’ Act, 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ Act, 1966, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Amendment of Section 7, Act I of 1966.- In the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966 (Act I of 1966) Section 7; (a) in sub-section (1) the full stop at the end shall be omitted and thereafter the words “which may extend to five thousand rupees” shall be added; and (b) after sub-section (1), as amended aforesaid, the following new sub-section (1-A) shall be inserted, namely:--
416 Volume VII (1981 to 1984) “(1-A) If the ejected person re-occupies the vacated Khalsa/Shamilat Land, he shall be punished with rigorous imprisonment which shall extend to three years and with fine which may extend to rupees five thousand.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
417 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 3rd October, 1982. No. 1384/LD/82. The following Ordinance made by the President on the 21st day of September, 1982, is hereby published for general information. (ORDINANCE CCV OF 1982) AN ORDINANCE to amend the Government Employee Housing Facilities Ordinance, 1982. WHEREAS it is expedient to amend the Government Employees Housing Facilities Ordinance, 1982 (Ordinance CXVI 1982) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Government Employees Housing Facilities (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance CXVI of 1982.- In the Government Employees Housing Facilities Ordinance, 1982 (Ordinance CXVI of 1982), hereinafter referred to as the said Ordinance, in Section 2 in clause (a) between the words ‘employee’ and “to” the comma and words “retired defence personnel or any other person” shall be inserted. 3. Amendment of Section 3, Ordinance CXVI of 1982.- In the said Ordinance, in Section 3, between the words “employees” and “at” the comma and words, “retired defence personnel or any other person allotted a plot” shall be inserted. 4. Amendment of Section 5, Ordinance CXVI of 1982.- In the said Ordinance, in Section 5, after sub-section (3), the following new sub-section (4) shall be added namely:-
418 Volume VII (1981 to 1984) “(4) Five percent of the plots shall be reserved in each housing colony for allotment by the Chief Executive at his discretion to any deserving person.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
419 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 3rd October, 1982. No. 1388/LD/82. The following Ordinance made by the President on the 24th day of September, 1982, is hereby published for general information. (ORDINANCE CCVI OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Motor Vehicles (Amendment) Ordinance, 1982. (2) Its shall come into force at once. 2. Amendment of Section 49-A Azad Jammu and Kashmir Motor Vehicle Ordinance, 1971.- In the Azad Jammu and Kashmir Motor Vehicle Ordinance, 1971, in Section 49-A, in sub-section (1),- (a) in clause (c) for the words “a Transporters Mutual Assistance Co-operative Society registered under the Co-operative Societies, Act may be accepted in lieu of a Bank Guarantee” the words “the Azad Kashmir Co- operative Bank Limited established under the Co- operative Societies, 1925” shall be substituted; and (b) after clause (c) as amended aforesaid, the following proviso shall be added, namely:-
420 Volume VII (1981 to 1984) “Provided that all liabilities incurred by the Transporters Mutual Assistance Co-operative Society, Mirpur, before the commencement of this Ordinance shall be discharged by the aforesaid society”.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
421 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 13th October, 1982 No.1452/LD/82. The following Ordinance made by the President on the 8th day of October, 1982, is hereby published for general information:- (ORDINANCE CCXVI OF 1982) AN ORDINANCE to amend the University of Azad Jammu and Kashmir Ordinance, 1982 WHEREAS it is necessary to amend the University of Azad Jammu and Kashmir Ordinance, 1982 (Ordinance CLIX of 1982), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the University of Azad Jammu and Kashmir (Amendment) Ordinance,1982. (2) It shall come into force at once. 2. Amendment of Section 2, Ordinance CLIX of 1982.- In the University of Azad Jammu and Kashmir Ordinance, 1982 (Ordinance CLIX of 1982), hereinafter referred to as the said Ordinance, in Section 2, for clauses (h), (m) and (p) the following shall be substituted, namely:- “(h) “Dean” means the Dean of a faculty of the University”; “(m) “Principal” means the Principal of a constituent/Affiliated College”; “(p) “Teacher” includes Professors, Associate Professors, Lecturers, Assistant Professors and Research Associate engaged whole-time by the University for teaching Degree, M,A/M.SC classes and such other persons as may be recognized to be teachers by the syndicate”. 3. Amendment of Section 3, Ordinance CLIX of 1982.- In the said Ordinance, in section 3, in sub-section (1), the words
422 Volume VII (1981 to 1984) “during winters and at Rawalakot during summers” shall be deleted. 4. Amendment of Section 13, Ordinance CLIX of 1982.- In the said Ordinance, in section 13, in sub-section (2) for the words “The Planning and Development Officer” the words “The Director Finance and Planning” shall be substituted. 5. Amendment of Section 18, Ordinance CLIX of 1982.- In the said Ordinance, in Section 18, in sub-section (1), (a) for clause (v) the following shall be substituted, namely:- (v) The Secretary Education, Azad Government of the State of Jammu and Kashmir”; (b) after clause (ix) the following new clauses (x), (ix) and (xii) shall be added, namely:- “(x) Deans of Faculties; (xi) One Professor, one Associate Professor, one Assistant Professor and one Lecturer of the University to be elected by the Professors, Associate Professors, Assistant Professors, and Lecturers of the University, as the case may be, from amongst themselves; Provided that a Lecturer shall be eligible for election if he has completed a minimum of two years service in the University.” and; (xii) The Vice-Chancellors of Co-operating Universities or their nomine’… 6. Amendment of Section 20, Ordinance CLIX of 1982.- In the said Ordinance, in Section 20, for sub-section (1) the following shall be substituted, namely:- “(1) The Academic Council shall consist of.- (i) Vice-Chancellor. (ii) Deans of Faculties. (iii) University Professors. (iv) Chairman of the Teaching Department. (v) One Associate Professor, One Assistant Professor, One Lecturer of the Colleges to be nominated by the Chancellor on the recommendations of the Vice-Chancellor. (vi) The Directors of Institutes, (vii) Five Principals of Affiliated Colleges to be nominated by the Chancellor on the recommendation of the Vice-Chancellor.
423 Volume VII (1981 to 1984) (viii) Three persons eminent in Arts, Science and professions, of whom one shall be from each category. (ix) Three persons from the other educational and research institutions to be nominated by the Chancellor. 7. Substitution of Section 46, Ordinance CLIX of 1982.- In the said Ordinance, for Section 46, the following shall be substituted, namely:- “46. Transfer of Officers, etc.- (1) Any Officer, teacher or the other employee of the University shall, as the Chancellor may direct, serve in a Government Department or an educational or research institution in the public interest: Provided that the terms and conditions offered to him shall not be less favorable then those admissible to him in the University and that full benefit of his previous service shall be allowed to him; Provided further that, in the case of a teacher, such directions shall be issued after consultation with the syndicate. (2)The Chancellor may place the services of an employee of the Government or any other University or an educational or research institution at the disposal of the University in the public interest: Provided that the terms and conditions offered to him shall not be less favorable then those enjoyed by him immediately before this services are placed at the disposal of the University and the full benefit of his previous service shall be allowed to him; Provided further that, in the case of a teacher, the Chancellor may consult the Selection Board of the University before placing his services at the disposal of the University. 8. Amendment of Section 1, of the First statues, Ordinance CLIX of 1982.- In the said Ordinance, in the first statutes, in Section 1, sub-section (2),(3),(4) and (5) shall be omitted. 9. Amendment of Section 2, of the First statues, Ordinance CLIX of 1982.- In the said Ordinance, in the first statues,- (a) in Section 2,(i) in clause (iii) between the words “the” and “commission” the words “University Grant” shall be inserted; (ii) for clause (iv) the following shall be substituted, namely:-
424 Volume VII (1981 to 1984) “(iv) one Principal of a University College/Dean of Faculty to be nominated by the Syndicate;” (b) in sub-section (5) for the words “three experts” and “two experts” the words “two experts” and “one expert” respectively shall be substituted. 10. Amendment of section 6, of the First statues, Ordinance CLIX of 1982.- In the said Ordinance, in the first statutes,- (i) in Section 6,-for sub-section (1) the following shall be substituted, namely:- “(1) The Discipline committee in each constituent/Affiliated college shall consist of five senior most teachers including the Principal and approved by the Vice Chancellor.” 11. Amendment of section 8, of the First statues, Ordinance CLIX of 1982.- In the said Ordinance, in the first statutes, in Section 8, the following shall be `added at the end; “or relevant bodies of the University shall, however be competent to make changes or modification in the scheme or modification in the scheme of studies; or 12. Addition of new Section 9, in the First statues, Ordinance CLIX of 1982.- In the said Ordinance, after Section 8 of the statutes, the following shall be added, namely:- “9. Board of Faculties.- (1) The University shall include the following Faculties:- (i) Faculty of Administrative Science comprising the subject of Commerce, Business Administration and Public Administration. (ii) Faculty of Agriculture. (iii) Faculty of Arts comprising the subjects of Arabic, Economics, English, History, Political Science, Islamic Studies, Pakistan studies and Urdu. (iv) Faculty of Engineering comprising the subjects of Electronics and Telecommunications, (v) Faculty of Science comprising the subjects of Applied Geology, Physics, Mathematics, Botany, Chemistry, Geography, Home Economics, Mathematics, Psychology, Statistics, Zoology.” 13. Amendment of Schedule to Ordinance CLIX of 1982.- In the University of Azad Jammu and Kashmir Ordinance, 1982 (Ordinance CLIX of 1982), in the schedule, “(a) in the FIRST STATUTES, in article 8, for the words and figures
425 Volume VII (1981 to 1984) “Annexure I to VI” the words and figures “Annexure I-VII” shall be substituted; and (b) after Annexure VI, the following new Annexure VII shall be added, namely:- Annexture VII “PROGRAME OF STUDIES OF UNIVERSITY COLLEGE FOR WOMEN KHARICK (RAWALAKOT) The syllabus and courses of studies of Islamic studies at the University College for Women, Kharick (Rawalakot) shall be, as may be prescribed.” (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
426 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 13th October, 1982. No.1457/LD/82. The following Ordinance made by the President on the 11th day of October, 1982, is hereby published for general information:- (ORDINANCE CCXVII OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Logging and Saw Mill Corporation Ordinance, 1968 WHEREAS it is expedient to amend the Azad Jammu and Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Logging and Saw Mill Corporation (Amendment) Ordinance, 1982 (2) It shall come into force at once. 2. Substitution of Section 12, Ordinance IV of 1968.- In the Azad Jammu and Kashmir Logging and Saw Mill Corporation Ordinance, 1968 (Ordinance IV of 1968) in Section 12, the following shall be substituted, namely :- “12 Audit. (1) The accounts of the Corporation shall be audited by the Auditors who shall be Chartered Accountants appointed with the approval of the Government by the Corporation on such remuneration as it may deem fit, and such remuneration shall be aid by the Corporation. (2) Notwithstanding the audit provided for in Sub-Section (1), the Auditor General shall audit or cause to be audited the accounts of the Corporation. (3) The Auditors General shall also hold, or cause to be held , a test audit of the unite managed by the Corporation and in the event of a test audit disclosing irregularities, the Auditor
427 Volume VII (1981 to 1984) General may carry-out, or caused to be carried-out, such further audit , as he considers necessary. (4) The Corporation and every such unit as is referred to in sub-section (3) shall produce the accounts, books and connected documents, at the place where they are normally expected to be available and furnish such explanation and information’s as the Auditor General or any Officer authorised by him in this behalf may require at the time of the audit. (5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section (2) of section 5 and state in his report how far in his opinion these provisions have been complied with. (6) A statement of accounts of the Corporation and the report of the Auditor General on the said accounts together with the report of Auditor General on the accounts of the units referred to in sub-section (3) , shall be furnished to Government by the Corporation after the end of the financial year. (7) The Corporation shall carry out any directive issued by the Government for rectification of any audit objection.”
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
428 Volume VII (1981 to 1984)
THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 21st October, 1982 No. 1536/LD/82. The following Ordinance made by the President on the 21st day of October, 1982, is hereby published for general information:- (ORDINANCE CCXXXI OF 1982) AN ORDINANCE to make provisions relating to the assessment, collection and disbursement of Zakat and Usher WHEREAS it is necessary to make provisions relating to the assessment and disbursement of Zakat and Ushr and matters connected therewith or incidental thereto; AND WHEREAS, Azad Jammu and Kashmir, being an Islamic State, must provide for the implementation of Islamic precepts; AND WHEREAS Zakat, including Ushr, is one of the fundamental pillars (Arkan) of Islam; AND WHEREAS the prime objective of the collection of Zakat and Ushr, and disbursements therefrom, is to assist the needy, the indigent and the poor; AND WHEREAS the rates of Zakat and Ushr, as also the purposes for the utilization of Zakat and Ushr, are Specified in Shariah; AND WHEREAS Shariah enjoins upon all Muslims who are Shaib-i-Nisab to pay, and the State to arrange for the proper collection, disbursement and utilization of Zakat and Usher, and also allows such Muslims to disburse for the purposes authorized by Shariah the part thereof not collected by the State; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance; CHAPTER-I: PRELIMINARY 1. Short title, Extent, application and Commencement.- (1) This Ordinance may be called the Zakat and Ushr Ordinance, 1982. 429 Volume VII (1981 to 1984) (2) It extends to the whole of Azad Jammu and Kashmir, but as regards payment very of Zakat and Ushr applies any to Muslim State Subject of Azad Jammu and Kashmir and a company, or other association of persons, or body of individuals whether incorporated or not majority of the Shares of which is owned, or the beneficial ownership of which is held by such State subjects. (3) In respect of a person who may believe that the whole or any part of the recoveries effected from him in the manner laid down in this Ordinance are not according to his belief; such recoveries shall nevertheless be made, but shall deemed to be contribution to Zakat Fund on the Part of the person: Provided that no Zakat or Ushr shall be charged or collected on compulsory basis in respect of the assets or the produce of a person who, within the period of three months preceding the Valuation Date, files with the Deducting Agency, or with the Local Committee in the case of Ushr, a declaration in the prescribed form sworn by him before a Magistrate, an Oath Commissioner, a Notary Public or any other person authorised to administer oath, in the presence of two witnesses who identify him, to the effect that he is a Muslim and a follower of one of the recognized fiqhs, which he shall specify in the declaration, and that his faith and the said fiqh do not oblige him to pay the whole or any part of Zakat or Ushr in the manner laid down in the Ordinance: Provided further that, where for any reason Zakat or Usher is collected on compulsory basis from such a person and he does not wish to leave it in the Zakat Fund as Sadaqah or Khairat in the name of Allah as a manifestation of the unity of the Ummah and claims refund, on the basis of a declaration as aforesaid filed by him within the period specified in the first proviso or within such further period as may be prescribed, the amount so collected shall be refunded to him in the prescribed manner; and (4) The Azad Jammu and Kashmir Shariat Court may, on the application of any Person, decide the question whether a declaration such as is referred to in the first or second proviso to sub-section (3) made by any person is valid according to the fiqh he professes to follow; and if the Azad Jammu and Kashmir Shariat Court decides that declaration is not valid, such person shall, without prejudice to any other action that may be taken against him under any other law, be liable to pay Zakat or Usher, as the case may be, in the manner laid down in this Ordinance.
430 Volume VII (1981 to 1984) Explanation.- In this Ordinance, reference to Zakat deductable at source or to Ushr realizable on compulsory basis shall be construed to imply to reference to contributions to Zakat Fund also. (5) It shall come into force on such date as the Government may, be notification in the Official Gazette, appoint and different dates may he appointed for different provision of this Ordinance. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context:- (i) 'annuity' means the sum payable periodically, according to the annuity policy conditions, to an annuitant during his life-time, or for a fixed number of years, as the case may be and includes the scheme or postal annuities as notified by the Government; (ii) 'assets' means assets liable to Zakat as provided in this Ordinance; (iii) 'atiyyat' means voluntary donations to the Zakat Funds, otherwise than on account of Zakat or Ushr, and includes SADAQAT-I-NAFILAH; (iv) 'Council' means the Zakat Council established under Section 12; (v) 'Chief Administrator' means a person appointed as such under Section 13, and includes an officer authorised by him to exercise or perform any power or function of Chief Administrator under this Ordinance; (vi) 'Company' means a company as defined in the Companies Act, 1913 (VII of 1913). (vii) ‘Deducting Agency’ means a bank, post office or other institution referred to in the fifth Column of the First Schedule; (viii) 'Deduction Date' means, in respect of the assets mentioned in the First Schedule, the date or dates on which Zakat is to be deducted at source and which is or are specified in the forth column of that Schedule; (ix) ‘District Committee’ means a District Zakat and Ushr Committee constituted under Section 14; (x) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (xi) ‘Government Security’ has the same meaning as in the Securities Act, 1920 (X of 1920) of Pakistan; 431 Volume VII (1981 to 1984) (xii) ‘Insurer’ means the State Life Insurance Corporation of Pakistan or Postal Life Insurance; (xiii) ‘Local Committee’ means a Local Zakat and Ushr Committee constituted under Section 16; (xiv) ‘Locality’ means the area within the jurisdiction of a Local Committee; (xv) ‘Markaz’ means a Markaz as defined in the Local Government Ordinance, 1980; (xvi) ‘Markaz Committee’ means a Committee constituted under Section 15; (xvii) ‘Maturity value’ means the sum payable, according to stipulated conditions, on survival of the life assured to the specified age or to the end of the terms of the policy; (xviii) 'Nisab' in relation to assets liable to Zakat except agricultural produce and animals fed free in pastures, means 612.32 grams of silver, or cash or gold, or goods for trade, or any assets liable to Zakat under Shariah the aggregate value of which is equal to the value of 612.32 grams of silver, as notified by the Chief Administrator for each Zakat year or, in the case of a person whose assets liable to Zakat consist of only of gold, 87.48 grams of gold. (xix) ‘Prescribed’ means prescribed by rules; (xx) ‘Produce’ means gross agricultural, horticulture or forest produce; (xxi) ‘Provident Fund’ has the same meaning as in the Provident Funds Act or rules made thereunder; (xxii) ‘Recognized Provident Fund’ means a Provident Fund recognized as such, by the competent authority, under the Income Tax Ordinance, 1979 (XXXI of 1979); (xxiii) ‘Return’ means income, howsoever described, accruing on an assets; (xxiv) ‘Rules means rules made under this Ordinance; (xxv) ‘Sahib-i-Nasab’ means a person who owns or possesses assets not less than nisab, but does not include;- (a) the Government, the Azad Jammu and Kashmir Council or a Local authority; (b) a statutory corporation, a company or other enterprise owned wholly, directly or indirectly,
432 Volume VII (1981 to 1984) by the Government, the Azad Jammu and Kashmir Council, a local authority or a corporation owned by the Government or the Azad Jammu and Kashmir Council, either singly or jointly with one or more of the other three; (c) a subsidiary of a statutory corporation, a company or other enterprise referred to in sub- section (b) and wholly owned by it; (d) the National Investment (Unit) Trust; (e) and ICP mutual Fund; (f) a recognized President Fund; (g) any Unit Fund maintained by the Defence Services, including the Civil Armed Forces; (h) a Zakat Fund; (i) an institution, fund, trust, endowment or society:- (a) registered as a Charitable organization under the Societies Registration Act, 1860 (XXI of 1860), or as a company under Section 26 of Companies Act, 1913 (VII of 1913), or registered or approved as a charitable or social welfare organization under any other law for the time being in force; and (b) approved by the Azad Jammu and Kashmir Central Board of Revenue for the purposes of Section 47 of the Income Tax Ordinance, 1979 (XXXI of 1979) as adapted in Azad Kashmir; (j) a deeni-madrasah registered as such by the Auqaf Department; (k) a mosque; (l) an orphanage registered as such under the law relating to orphanages; (m) a workers participation fund established under the Companies Profits (Workers participation) Act, 1968 (XII of 1968); or (n) amount of a party to a suit or case kept with or under the orders of a Court pending decision of the suit or case. 433 Volume VII (1981 to 1984) (xxvi) 'Security' means any stock, share, scrip, debenture, bond, pre-organization certificate, or instrument commonly known as security; (xxvii) 'Share' means a share in the share-capital of a company, or in any body corporate established by or under a Federal or Provincial laws, or Pakistan or under any law for the time being inforce in Azad Jammu and Kashmir and includes stock; (xxix) 'surrender value' means the sum payable by an insurer on cancellation of a life-insurance policy or annuity, according to stipulated terms and conditions, at any time before maturity benefits become available; (xxix) 'survival benefit' means the amount payable according to life-insurance policy conditions, during the currency of a policy, on survival of the life assured to the specified date as stipulated in the policy; (xxx) 'Valuation Date' means,- (a) in respect of assets liable to Zakat, the first day of the Zakat year; and (b) in respect of produce liable to Ushr, such date or dates as may be prescribed or as may be notified by the Chief Administrator, for the valuation of the assets or the produce for the purposes of this Ordinance; (xxxi) 'Zakat Fund' means a Fund established under Section 7; and (xxxiii) 'Zakat Year' means year according to the Hijra calendar for which Zakat is chargeable, commencing on the first day of Remadhan-ul-Mubarak and ending with the last day of the following sha'ban-ul-Moazzam: Provided that the first Zakat year shall commence with the commencement of this Ordinance and end with the last day of sha'ban-ul-Mo’zazam 1401 A.H. CHAPTER-II: ZAKAT 3. Charge and collection of Zakat.- (1) Subject to the other provisions of this Ordinance, Zakat in respect of assets mentioned in the First year, at the rates and in the manner specified therein, and as may be prescribed, from every person which is on the Valuation Date, and has for the preceding Zakat year been sahib-e-Nisab: 434 Volume VII (1981 to 1984) Provided that where an assets mentioned in the First Schedule has been assigned by the person owning or possessing it, in favour of another person, Zakat in respect of that asset shall be charged and collected on compulsory basis as the asset had not been so assigned: Provided further that, if an arrest was owned or possessed by a person on the valuation date but is owned or possessed by some other person on the Deduction Date, the Zakat on such asset shall be charged and collected from such other person on behalf of the person owning or possessing it on the Valuation Date: Provided further that, if a person proves in the prescribed manner to the satisfaction of the Local Committee of locality where he ordinarily resides that he was not a sahib-e-nisab on the Valuation Date or was not in ownership of possession or assets of the value of nisab for the whole of the preceding Zakat years, Zakat shall not be so charged and collected from him, or if collected shall be refunded to him in the prescribed manner; Provided further that no Zakat shall be charged and collected from the assets of a person who died on or before the Deduction Date; (2) In determining the amount to be collected as Zakat on Compulsory basis, the value of an asset on which Zakat is deductible, only on account of debts which have been; (a) Primarily secured by that asset; (b) used for the creation of an asset on which Zakat is deductible at source; and (c) obtained from the Deducting Agency having custody of the asset securing the debt and of the assets created under clause (b). (3) Where a person from whom Zakat has been deducted at source: (a) proves that: (i) he is not a Muslim, or (ii) he is not a State Subject of Azad Jammu and Kashmir, or (iii) that amount deducted from him is more than what is due under this Ordinance either on account of an error apparent from the record, or on account of
435 Volume VII (1981 to 1984) reduction provided for in sub-section (2) not having been duly allowed to him, or (iv) he falls under any of the exclusion given in sub-clauses (a) to (n) of clause (xxv) of Section 2, or (b) proves, as laid down in the third proviso to sub- section (1) that he is not a sahib-e-nisab or was not in ownership or possession of nisab for the whole of the preceding Zakat year, or (c) files a declaration such as is referred to in the second proviso to sub-section (3) Shariat Court under sub-section (4) of that section, and claims refund, the amount so deducted or, as the case may be, the amount so deducted in excess shall be refunded to him in the prescribed manner. (4) Where the recovery of Zakat deductible at source, in respect of any of the assets mentioned in the First Schedule, falls into arrears, the Chief Administrator may forward to the Collector of the District Concerned a duly signed Certificate specifying the amount of arrears due and the particulars of the person from whom due, and the Collector shall, on receipt of such certificate, proceed to recover the amount so specified, as if it were an arrear of land revenue. (5) A ‘sahib-e-nisab’ may pay either to a Zakat Fund or direct to those eligible under Shariah to receive Zakat so much of the Zakat due under Shariah as is not deductible at source under this Ordinance, for example, that due in respect of assets mentioned in the Second Schedule. (6) Any amount deducted at source by the Deducting Agency from any person shall be treated as payment of Zakat on behalf of such person, in the case of a person referred to in sub- section (3) of Section 1, as contribution of Zakat fund or Sadaqah or Khirat in the name of Allah, as the case may be, on the part of that person. 4. Secrecy of Information.- Any information furnished or collected in connection with the deduction of Zakat at source under this Ordinance shall be treated as secret and shall not be used for any other purpose, including the assessment or collection of any tax.
436 Volume VII (1981 to 1984) CHAPTER-III: USHR 5. Charge and collection of Ushr.- (1) Subject to the other provisions of this Ordinance, there shall be charged and collected, on compulsory basis, in such manner as is laid down in Section 6, and as may be prescribed, from every land-owner, grantee, allotee, lessee, lease holder or land holder (other than a person excluded from the definition of "sahib-e-nisab") Ushr at the rate of five percent of his share of produce, as on the Valuation Date: Provided that if any plot of land is used principally for growing one crop and a small portion thereof, not exceeding one-fourth of an acre, is used for growing another crop, Ushr shall not be charged in respect of the produce of such small portion. Explanation.- In this section and Section 6, 'land-owner'. 'grantee', 'allottee', lessee', 'lease-holder' and 'land-holder' shall have the same meaning as in the laws relating to land administration and 'land-holder' includes a person in possession of any plot of land who has grown a crop on such plot. (2) An individual land-owner, grantee, allottee, lessee, lease-holder nor landholder shall be exempted from the compulsory levy of Ushr if:- (a) he is eligible under shariah to receive Zakat; or (b) the produce from his land is less than five 'wasqa' 948 Kilograms) of wheat, or its equivalent in value in the case of other crops liable to Ushr. (3) The currency equivalent of five 'wasqa' of wheat in value shall be such as may be notified for each Zakat year by the Chief Administrator. (4) Ushr shall be the first charge on the produce. (5) Ushr shall be collected in cash; Provided that, where the produce consists of wheat, paddy or maize, Usher, at the option of the Council, may be collected in kind. (6) A 'sahib-i-naisab' may pay either to the Local Zakat Fund or directly to those eligible under Shariah to receive Zakat, so much of the Ushr due under Shariah is not compulsorily realisable under this Ordinance, for example in respect of item 9 of the Second Schedule.
437 Volume VII (1981 to 1984) such decision shall be final and shall not be questioned before any Court or other authority. (8) The demand as determined under sub-section (3), or, as the case may be, under sub-section (4) or sub-section (7), shall be paid by the assessee and collected by the Local Committee in such manner as may be prescribed. (9) Where the recovery of Ushr compulsorily realisable under this Ordinance falls into arrears, the Chairman of the Local Committee shall forward to the Collector of the district concerned, a duly signed certificate specifying the amount of arrears due and the particulars of the person from whom due and the Collector shall, on receipt of such certificate, proceed to recover the amount so specified as if it were an arrear of land revenue. CHAPTER-IV: ZAKAT FUNDS 7. Establishment of Zakat Fund.- There shall be established the following Zakat Fund, namely:- (a) a Azad Kashmir Zakat Fund to which shall be credited:- (i) the Zakat deducted at Source; (ii) the Zakat paid into it voluntarily; (iii) the transfers, if any, from the Local Zakat Funds; and (iv) the grants, ATIYYAT and other receipts; (b) a Local Zakat Fund for each Local Committee to which shall be credited: (i) the proceeds of Ushr; (ii) the Zakat paid into it voluntarily; (iii) the transfers to it from the Azad Kashmir Zakat Fund; and (v) the grants, ATIYYAT and any other receipts. 8. Utilization of Zakat Funds.- The money in a Zakat Fund shall he utilized for the following purposes, namely: (a) Assistance to the needy indigent and the poor, particularly orphans and widows, the handicapped and the disabled, eligible to receive Zakat under Shariah for their subsistence or rehabilitation, either directly or indirectly through DEENI-MADARIS or vocational educational institutions or public hospitals, clinics dispensaries or health laboratories: 438 Volume VII (1981 to 1984) Provided that the lists of the individual to be assisted directly and the institution through which assistance is to be given, from a Local Zakat Fund shall be prepared and maintained, according to prescribed basis and manner, by the Local Committee in whose jurisdiction the individuals ordinarily resides, or the institutions through which they are to be assisted are situated, as the case may be: Provided further that the list of institutions through which assistance from Azad Kashmir Zakat Fund is to be given shall be prepared and maintained, according to prescribed basis and manner, by the Council; and (b) Expenditure on the collection, disbursement and administration of Zakat and Ushr: Provided that the expenditure on the Zakat Council and the administrative organization of the Chief Administrator and that an a District Committee and Markaz Committee, shall be met by the Government, and that on a Local Committee from the Local Zakat Fund not exceeding ten per cent of the receipts in that Fund during the year: Provided further that the banking services and the services connected with the assessment or collection of Zakat or Ushr realisable on compulsory basis under this Ordinance shall be rendered free of charge, except that the Chief Administrator in regard to Ushr, may authorise payment of remuneration for any specified services; and (c) Any other purpose permitted by Shariah. 9. Disbursements from Zakat Fund.- (1) The Council may from Azad Kashmir Zakat Fund make disbursements, and transfer funds to a Local Zakat Fund, in such form and manner as may be prescribed and as would help in ensuring satisfaction of the needs of the needy and the poor throughout its jurisdiction, as far as possible, on a uniform basis. (2) A Local Committee shall disburse, or incur expenditure from the Local Fund, in the prescribed manner, for authorised purposes within the locality, particularly for the benefit of the individuals directly or indirectly under clause (a) of Section 8:
439 Volume VII (1981 to 1984) Provided that a Local Committee mayor, if so required by the Council, shall transfer from the Local Zakat Fund to the Azad Kashmir Zakat Fund, funds surplus to its needs. 10. Accounts.- (1) The accounts of the Azad Kashmir Zakat Fund, and a Local Zakat Fund shall be maintained and operated, respectively, by the Chief Administrator, and the Local Committee, in such form and manner as may be prescribed. (2) The records of the accounts of the Zakat Funds shall be preserved for such period, and shall be made available for audit or inspection to such persons or agencies, and in such manner, may be prescribed. 11. Audit.- (1) To carry out audit of the Azad Kashmir Zakat Fund annually or at shorter intervals, the Council, shall appoint auditors, being persons who are, in its opinion, qualified for the purpose. (2) To carry out audit of the Local Zakat Funds within a district annually or at short intervals, the District Committee shall appoint auditors being persons who are, in its opinion, qualified for the purpose. (3) The audit performed by auditors under sub-sections (1) and (2) shall include propriety audit. (4) The annual report of the Auditors on the Azad Kashmir Zakat Fund shall be laid before the Legislative Assembly and that on a Local Zakat Fund before the District Council on concerned, established under the law relating to Local Government. (5) Nothing in this Section shall be deemed to prevent: (a) the Auditor-General of Azad Jammu and Kashmir from auditing any of the Zakat Funds; (b) the Council from getting audited any of the Local Zakat Fund; or (c) a Local Committee from getting its own Local Zakat Fund audited. CHAPTER-V ORGANIZATION AND ADMINISTRATOIN 12. Zakat Council.- (1) The Government shall, by notification in the official Gazette, establish a Zakat Council to provide policy guideline for, and to exercise general superintendence and control on matters relating to Zakat and Ushr, particularly the Zakat Fund and maintenance of their accounts.
440 Volume VII (1981 to 1984) (2) The Council shall consist of: (a) a Chairman; (b) four persons, of whom there shall be Ulema, to be nominated by the President in consultation with the Council or Islamic Ideology; (c) four persons, one from each District, to be nominated by the President; (d) the Secretary to the Government in the Finance Department; (e) the Secretary to the Government in the Ammoor-i- Deenia Department; and (f) the Chief Administrator, who shall also be the Secretary to the Council. (3) The Chairman of the Council shall be a person who is, or has been a Judge of the High Court, to be nominated by the President in consultation with the Chief Justice of the High Court. (4) The Chairman and the other members of the Council, not being an ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member, not being an ex-officio member, may, by writing under his hand addressed to the President resign his office: Provided that he shall continue to hold office until his resignation is accepted by the President. (6) Any vacancy in the office of Chairman or a member, other than an ex-officio member, shall be filled by the nomination, in accordance with sub-section (2) or sub-section (3), as the case may be, of a person qualified to hold the office. (7) The Chairman or member nominated under sub-section (6) shall hold office for the unexpired term of his predecessor. 13. Chief Administrator.- (1) For carrying out the purposes, of this Ordinance, there shall be appointed by the Government a Chief Administrator. (2) The Chief Administrator shall have such status, grade, tenure and other terms and conditions of service as may be determined by the Government. (3) The Chief Administrator shall act under the general superintendence and control of and in accordance with the policy
441 Volume VII (1981 to 1984) guidelines given by the Council and perform such function as are assigned to him by or under this Ordinance. 14. District Zakat and Ushr Committee.- (1) in each district a District Zakat and Ushr Committee shall be constituted by the Council. (2) The District Committee shall, subject to such guideline as may be given by the Council: (a) Oversee, generally, the functioning of, and, more particularly, the assessment of Ushr and the collection of Zakat, Ushr and ATIYYAT, and the disbursement and utilization of the moneys in the Local Zakat Funds by the Local Committee in the district; (b) for the purposes mentioned in clause (a), make plans for the district, in such form and manner as may be prescribed; (c) Compile accounts of the Local Zakat Funds, for the District, in such form and manner as may be prescribed; (d) Arrange in the prescribed manner, audit of the Local Zakat Funds in the district; and (e) Tender to the Council advise on any matter specified by it. (3) The District Zakat and Ushr Committee shall consist of: (a) Chairman, The Chairman of the District Council shall be the Chairman of the District Zakat and Ushr Committee; (b) Deputy Commissioner of the District; (c) One representative of each Markaz Council who shall be elected by the members of the Markaz Zakat and Ushr Committee; (d) The Chairman of the Municipal/Town Committee: Provided that, in any District where there is a District Social Weir, Officer appointed by the Government, the District Committee may co-opt him as an ex-officio member of the Committee. (4) The District Committee so constituted shall he duly notified by the Council. (5) The Chairman and other members of the District Committee not be the ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for similar term.
442 Volume VII (1981 to 1984) (6) The Chairman or a member, not being the ex-officio member, may by writing under his hand addressed to the Council, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Council. (7) Any vacancy in the office of Chairman or a member other than the ex-officio member, shall be filled in accordance with clause (c) of sub-section (3) by a person qualified to hold the office; (8) The Chairman or member nominated under sub-section (7) shall hold office for the unexpired term of his predecessor. 15. Marlaz Zakat and Ushr Committee.- (1) There shall be constituted a Markaz Zakat and Ushr Committee in each Markaz. (2) The Markaz Zakat and Ushr Committee shall consist of:- (a) Chairman, who shall be elected by the members of the Markaz Council and District Councilors of that Markaz from amongst themselves; (b) Assistant Commissioner/Tehsildar; (c) The members of the Markaz Council; (d) The members of District Council elected from that Markaz. (3) The Markaz Committee so constituted shall he duly notified by the District Committee concerned. (4) The Chairman and member of a Markaz Committee not being the ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member, not being the ex-officio member, may by writing under his hand addressed to the Markaz Committee, resign his office; Provided that he shall continue to hold office until his resignation is accepted by the Markaz Committee. (6) Any vacancy in the office of Chairman or member, other than the ex-officio member, shall be filled by the election, in accordance with clauses (c) and (d) of sub-section (2). (7) The Chairman or the member elected under sub-section (6) shall hold office for the unexpired term of his predecessor. 16. Local Zakat and Usher Committee.- (l) A Local Zakat and Ushr Committee shall be constituted for:
443 Volume VII (1981 to 1984) (a) each revenue estate in settled area; (b) each deh or village in non-settled rural area; and (c) each ward in urban area: Provided that, if in the opinion of the Council, the population of a revenue estate, deh or village is too large or too small to have one Local Zakat and Ushr Committee such revenue estate, deh or village may be divided into two or more localities or grouped with any other revenue estate, deh or village to form one locality. Explanation.- In this sub-section: (a) 'Urban area' means an area within the local limits of a Municipal Committee or Town Committee; (b) ‘rural area’ means area other than urban area; (c) 'settled rural area' means rural area for which revenue settlement record exists; (d) 'non-settled rural area’ means rural area other than settled rural area; and (e) 'Ward' means a distinct and compact locality, the population of which does not exceed five thousand approximately. (2) A Local Committee shall consist of: (a) in Deh- The Chairman of the Union Council shall be the Chairman of the Local Zakat and Ushr Committee; (b) member of the union Council; (c) the Chairman of Dehi Council. (3) In cities or towns.- (a) The Chairman of the Municipal or town Committee; and (b) members of the Municipal or Town Committee. (4) The Chairman and other members of the Local Committee shall hold office for a term of three years and shall be eligible for re-appointment for a similar term. (5) The Chairman or a member may, by writing under his hand, addressed to the Local Committee, resign his office: Provided that he shall continue to hold office until his resignation is accepted by the Local Committee.
444 Volume VII (1981 to 1984) (6) Any vacancy in the office of Chairman or member shall be filled by the election in accordance with the provisions of Local Government Rules. (7) The Chairman or the member elected under sub-section (6) shall hold Office for the un-expired term of his predecessor. 17. Member of Council and Committees to be Muslim.- All the members of the Council or Committee shall be Muslims and where the holder of an office, cannot become a member by reason of his not being a Muslim, the President: in the case of Council and the Council in the case of a Committee shall nominate a Muslim member in his place. 18. Vacancy, etc., not to invalidate Acts or proceedings.- (1) Notwithstanding anything contained in this Ordinance:- (a) Council or Committee established or constituted thereunder for the first time shall be deemed to be duly established or constituted even if its strength; is less than the strength specified in this Ordinance by not more than two; (b) The Chairman of a Local Committee holding office immediately before the commencement of this Ordinance shall be deemed to be duly elected as such Chairman. (2) No act or proceeding of a Councilor Committee established or constituted under this Ordinance shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of such Council or Committee. 19. Person to preside at meetings in the absence of Chairman.- If the office of Chairman of a Councilor Committee established or constituted under this Ordinance is for the first time being vacant, or the Chairman is absent from a meeting of the Council or Committee, the meetings thereof or, as the case may be, the meeting from which the Chairman is absent, shall be presided at:- (a) in the case of a Council, by the Secretary Zakat and Ushr Department; (b) in the case of a District Committee, by the Deputy Commissioner; (c) in the case of n. Local Committee, by the member elected by the member present. 20. Vote of no confidence against the Chairman or a Markaz Committee or a Local Committee or the member or a Local 445 Volume VII (1981 to 1984) Committee.- (1) Where in case of a Markaz Committee or of a Local Committee, the District Committee after such inquiry as it may deem fit, is of the opinion that the members of that Committee no longer have confidence in the Chairman, the District Committee may, in the prescribed manner, remove the Chairman from his office. (2) Where in the case of a member of a Local Committee, the District Committee, after such enquiry as it may be deem fit, is of the opinion that the adult Muslim residents of the locality no longer have confidence in the member, the District Committee may, in the prescribed manner, remove the member from his office. (3) The vacancy in the office of Chairman or member so caused shall be notified by the District Committee and shall be filled in accordance with the provisions of this Ordinance. 21. Power of supersession and removal.- (1) If, after such inquiry as may be necessary, the Council is of the opinion that a Committee constituted under this Ordinance: (a) is unable to discharge or persistently fails in discharging its duties; or (b) is unable to administer its affairs; or (c) acts in a manner contrary to public interest; or (d) otherwise exceeds or abuses its powers, the Council may, by a resolution, declare the Committee to be superseded for such period not exceeding one year as may be specified in the resolution; Provided that the period of supersession may, if the Council considers it necessary to do so, be extended beyond a period of one year. (2) When a resolution is passed under sub-section (1) in respect of a Committee: (a) the persons holding office as Chairman and members of the Committee to which the resolution relates, shall cease to hold office; (b) all functions of the Committee shall, during the period of supersession; be performed by an administrator, not being an official, appointed by the Council; and (c) before the expiry of the period of supersession, elections shall be held and selection or nominations made in
446 Volume VII (1981 to 1984) accordance with the provisions of this Ordinance to re- constitute the Committee. (3) If, after such inquiry as may be necessary, the Council is of the opinion that the Chairman or a member of a Committee constituted under this Ordinance:- (a) was at the time of his selection, election or nomination:- (i) not a Muslim; (ii) not an adult; (iii) not a resident of the area within the jurisdiction of the Committee; (iv) an undischarged insolvents; or (v) not of sound mind; (b) has been during the period of three years preceding the date of his selection, election or nomination: (i) ordered to execute a bond under Section 108 109 or 110 of the Code of Criminal Procedure, 1898; or (ii) convicted for an offence, involving moral turpitude; or (iii) declared GOONDA under the law relating to the control of Goondas; (c) has after this selection, election or nomination, incurred any of the disqualifications referred to in sub-clauses (i), (iii), (iv), or (v) of clause (a) or sub-clauses (i), (ii), or (iii) of clause (b), (d) has, without reasonable excuse, absented himself from three consecutive meetings of the Committee; (e) has been guilty of abuse of power of or misconduct in the discharge of his duties as Chairman or member, or been responsible for any loss or misapplication of any money or property of the Committee; or (f) has become physically disabled from performing functions as Chairman or member, the Council may, by a resolution. remove such Chairman or member from office. Explanation.- For the purposes of clause (e), 'mis-conduct' means bribery, corruption, robbory. favouritism, nepotism, wilful maladministration or willful diversion of funds, and includes any attempt, at or abetment of, such mis-conduct. 447 Volume VII (1981 to 1984) (4) When the Chairman or member of a Committee is removed from, or otherwise ceases to hold office, the vacancy in the office of such Chairman or member shall be filled within such time as the Council may determine, by the election, selection or nomination, as the case may be, in accordance with the provisions of this Ordinance, of a person qualified to hold the office. (5) The Chairman or member ejected, selected or nominated under sub-section (4) shall hold office for the un-expired term of his predecessor. (6) The Council may delegate to a District Committee all or any of its powers under the preceding provisions of this section in respect of a Committee other than a District Committee. (7) The Chairman or a member of a Committee superseded under sub-section (1), or a Chairman or member removed from office under sub-section (3), may, within such time, and in such form and manner, as may be prescribed, apply to the Council for a review of its decision; and the decision of the Council in such review, given after giving to the applicant an opportunity of being heard shall be final and shall not be called in question before any Court or other authority. Explanation.- In this sub-section, reference to 'Council' shall, where the powers of the Council arc exercised by a District Committee in pursuance of sub-section (6), be construed as a reference to District Committee. 22. Officers and staff.- The administrative organization of the Chief Administrator shall be a Department or a part of a Department of the Government and, except where otherwise provided in this Ordinance, to enable the Committee, constituted under this Ordinance to perform their functions, such officers and staff may be appointed on such terms and conditions, and by such authorities, as may be prescribed. 23. Certain persons to be public servants.- Every person engaged in, or employed for the administration of this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860). CHAPTER-VI: MISCELLANEOUS 24. Exemption.- The Government may, in consultation with the Council of Islamic Ideology, except, by notification in the official Gazette, any specified class of cases or persons from payment of compulsory levy of Zakat or Usher.
448 Volume VII (1981 to 1984) 25. Certain tax concessions.- Notwithstanding anything contained in any other law for the time being in force:- (a) in determining the tax liability of an assessee for an assessment year: (i) under the Income Tax Ordinance, 1979 (XXXI of 1979) his taxable income shall be reduced by the amount paid by him to a Zakat Fund, during the previous year relevant to that assessment year; and (ii) under the Wealth-Tax Act, 1963 (XV of 1963), his assets in respect of which Zakat or contribution in lieu thereof, has been deducted at source during the year relevant to that assessment year shall be excluded from his taxable wealth; and (b) land revenue and development cess shall not be levied on land the produce of which Ushr or contribution in lieu thereof, has been charged on compulsory basis. (2) Nothing in the preceding sub-section shall be deemed to affect the liability to pay income tax, wealth tax, land revenue or development cess in respect of any period preceding the enforcement of the relevant provisions of this Ordinance. 26. Power to make rules.- The Council may by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. 27. Power to call for information and issue directions.- The Council, the Chief Administrator, a District Committee or a Local Committee, may, within its or his jurisdiction call for such information or record from, and issue such directions to, the concerned persons or agencies as may be necessary for the performance of its or his functions under this Ordinance. 28. Indemnity and Bar of jurisdiction.- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or any rule. (2) No Court shall call in question, or permit to be called in question, anything done or any action taken under this Ordinance or any rule. (3) No Court shall grant any injunction or make any order, nor shall entertain any proceedings in relation to anything done
449 Volume VII (1981 to 1984) or it intended to be done or any action taken or intended to be taken under this Ordinance or any rule. 29. Removal of difficulties.- The Government may, make such provisions as may be necessary to remove any difficulty in carrying out the purposes of this Ordinance.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
450 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 24th October, 1982. No.1560/LD/82. The following Ordinance made by the President on the 24th day of October, 1982, is hereby published for general information:- (ORDINANCE CCXXXVI OF 1982) AN ORDINANCE to repeal the Ehatram-i-Ramzan Ordinance, 1982 WHEREAS it is expedient to Repeal the Ehatram-i-Ramzan Ordinance, 1982 (Ordinance CXLIV of 1982) AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Ehatram-i-Ramzan (Repeal) Ordinance, 1982. (2) It shall come into force at once. 2. Repeal of the Ehatram-i-Ramzan Ordinance, 1982.- The Ehatram-i-Ramzan Ordinance,1982 (Ordinance CXLV of 1982),is hereby repealed. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
451 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 31st October, 1982. No. 1599/LD/82. The following Ordinance made by the President on the 28th day of October, 1984, is herby published for general information:- (ORDINANCE CCXXXIX of 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Industries Control and Establishment of Industrial Estate and Artisan’s Work Shops Act, 1976. WHEREAS it is expedient to amend the Azad Jammu and Kashmir and Kashmir Industries Control and Establishment of Industrial Estates and Artisan’s Work Shop Act, 1976 (Act XIV of 1976) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Industries Control and Establishment of Industrial Estates and Artisan’s Work Shops (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 3, Act XIV of 1976.- In the Azad Jammu and Kashmir Industries and control and Establishment of Industrial Estates and Artisan’s Work Shops Act 1976, (Act XIV of 1976) for Section 3, the following shall be substituted, namely:- “(3). Restriction on Establishment and Enlargement of Industrial Undertaking.- No person or body of persons corporate, or incorporated shall expand and modernize or cause to be establish or any industrial undertaking except with the prior permission in writing of the Government: “Provided that permission will not be necessary in the case of industrial Projects, involving a total investment of Rs. 30 million with a foreign exchange component not exceeding Rs. 15 million, or involving a total investment of such other amounts as 452 Volume VII (1981 to 1984) are notified by the Ministry of Industries, Government of Pakistan, from time to time, or restricted under any law, Notification, an Import Policy Order or any policy decision of the Federal Government of Pakistan or by Azad Government of the State of Jammu and Kashmir, or the Projects does not involve foreign investment including investment under non- repartiable and pay-as-you earn scheme.” 3. Savings.- Notwithstanding any judgment, decree or Order passed by any Court including High Court, every thing done, all actions taken, notification issued, jurisdictions or powers exercised under the provisions of the Azad Jammu and Kashmir Industrial Control and Establishment of Industrial Estates and Artisan’s Work Shop (Amendment) Ordinance, 1980 (Ordinance CXXVI of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been Validly done, taken, issued, made, initiated or exercised under this Ordinance. 4. Repeal.- The Azad Jammu and Kashmir Public Service Commission Industries Control and Establishment of Industries Estates and Artisan’s Work-Shop (Amendment) Ordinance, 1982 (Ordinance VLV of 1982) is herby repealed.
(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir. ------Sd/- (Syed Atta Moy-ud-Din Qadri) Deputy Secretary Law.
453 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 31st October,1982. No.1593/LD/82. The following Ordinance made by the President on the 28th day of October, 1982, is hereby published for general information:- (ORDINANCE CCXL OF 1982) AN ORDINANCE to provide for Law relating to the Housing Schemes at Rawlakot and Kotli WHEREAS it is expedient to provide for Law relating to the Housing Schemes at Rawlakot and Kotli in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Law relating Housing Schemes at Rawlakot and Kotli Ordinance 1982. (2) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context ,- (a) ‘Committee’ means a Committee setup under Section 3 of this Ordinance; (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir ; (c) ‘Member’ means a member of the Committee and shall include and ex-officio member’. 3. Setting of Committee.- (1) The Government may set up a committee for carrying out the purposes of this ordinance. (2) The Committee shall consist of a Chairman and such other members not exceeding for in number as may be appointed by the Government.
454 Volume VII (1981 to 1984) (3) The Committee may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for the efficient performance of its functions. 4. Appointment of Officers and Servants.- The Committee may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for the efficient performance of its functions. 5. Meetings of the Committee.- (1) The Committee shall ordinarily meet for the transaction of business at such place as may be determined by the Chairman . (2) The quorum necessary for the transaction of business shall be three members including Chairman. (3) Every meeting shall be presided over by the Chairman or in his absence by the person chosen by the members present from amongst themselves. (4) All questions which come before any meeting shall be decided by a majority of votes of the members present and in case of equality of votes, the Presiding Officer shall have a casting vote. (5) Minutes of the proceedings of every meeting shall be recorded in a book to be kept for the purpose which shall be signed by the person presiding at the meeting and also by other members present at the meeting. (6) The Chairman shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Committee within 10 days from the date of such meeting. 6. Delegation of powers by the Committee.- The Committee may from time to time, by general or special order, delegate to the Chairman or to any member or to any officer or the Government , any of its powers , duties or functions under this Ordinance subject to such conditions as it may think fit to impose. 7. Appointment of Appellate Authority.- (1) The Government may appoint a person as the Appellate Authority for the purposes of this ordinance.] (2) Any person aggrieved by any order of the Committee or of any person to whom the powers of the Committee are delegated under Section 6 of this Ordinance may, within 15 days of the order, appeal to the Appellate Authority. (3) The Appellate Authority may either summarily reject the appeal or proceed to hear it in such a manner as it thinks fit.
455 Volume VII (1981 to 1984) (4) Subject to the order of the Appellate Authority the decision of the Committee shall be final. 8. Bar of Jurisdiction.- The order of proceedings of the Appellate Authority or the Committee or of any person to whom powers of the Committee are delegated under this Ordinance, shall not be questioned in any Court. 9. Powers and duties of the committee.- (1) The Committee shall prepare Schemes for the allotment of plots in the Housing schemes at Rawalkot, Kotli and take such measures as may be necessary for carrying out the purposes of this Ordinance . (2) Have the powers to scrutinize and fix the price of the plots developed or prepared by any agency of the Government: Provided that the price shall not be less than the acquisition charges as awarded by the collector including 15% compulsory acquisition charges, if any, and the development charges which may be determined by such agency. (3) Determine by rules, the manner of conducting the sale of plots, the order of priority amongst the intending purchasers and the method of realization of the price of plots sold or any part thereof or other dues. (4) Cause the removal of any construction which obstructs the execution of its scheme and may issue interim orders for stay of any construction or removal of any building or part thereof which infringes any part of any its scheme and by general or special order, prohibit any change in the use of land and alteration in building or structures: Provided that this clause shall not apply to works executed by an agency of the Government. (5) Have the power to sell, lease, or rent the plots and realize their price, rent or other dues in lump sum or in installments according to the regulations issued by the Government from time to time. 10. Cancellation of allotment.- The Committee may , in case of default in the payment of installments or dues , cancel the allotment and the amount paid shall stand forfeited to the Government. 11. Recovery of arrears.- All dues recoverable by the committee from any person in pursuance of the provisions of this Ordinance or any order made there under shall be recoverable as arrears of land revenue.
456 Volume VII (1981 to 1984) 12. Committee to control private construction.- The Committee shall have the power to control the construction of private buildings in accordance with the rules. 13. Punishment.- Whoever contravenes any provision of this Ordinance or of any rule, regulation or order made there under shall be punishable with imprisonment which may extend to six months or with fine or with both. 14. Cognizance of offence.- No courts shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by an officer authorized for the purpose by the Committee. 15. Power to make rules.- The committee, with the previous sanction of the Government, may make rules for carrying out of the purposes of this Ordinance. 16. Powers to make Regulations.- The committee may, with the previous sanction of the Government, make regulations to provide for all matters, not provided for in the rules for which provision is necessary or expedient for carrying out the purposes of this Ordinance and the rules.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohy-ud-Din) Deputy Secretary Law
457 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 3rd November, 1982. No. 1614/LD/82. The following Ordinance made by the President on the 3rd day of November, 1982, is hereby published for general information. (ORDINANCE CCXLI OF 1982) AN ORDINANCE to amend the West Punjab Highways Act, 1948 Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971. WHEREAS it is necessary to amend the West Punjab Highway Act, 1948 (Act Vi of 1948) as adapted in Azad Jammu and Kashmir for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the West Punjab High ways (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Substitution of Section 6, Act VI of 1948.- In the West Punjab Highways Act, 1948 (Act VI of 1948), as adapted in Azad Jammu and Kashmir, for Section 6, the following shall be substituted, namely:- “6. Encroachments.- (1) Any person who sets-up any fence, hedges, or raise a construction within the 25 feet from the centre of any high-way or within the earmarked area for highway without written permission of Highways Authority, shall be punishable with fine which may extend to ten thousand rupees, and the Executive Engineer Highway concerned may without giving any notice, remove the offending structure, fence, hedges, post, deposit, goods, articles, stall or scaffolding and recover the cost from the defaulter. (2) The Executive Engineer, High-Ways concerned or any person empowered in this behalf by him while removing the 458 Volume VII (1981 to 1984) offending structure, fence, hedges, post, deposits, goods, articles, stalls or scaffoldings may use such force including Police force as may be necessary and may also recover the actual cost thereof from the person responsible for the offending structure as arrears of Land revenue. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
459 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 11th November, 1982. No. 1632/LD/82. The following Ordinance made by the President on the 11th day of November, 1982, is hereby published for general information. (ORDINANCE CCXLIV OF 1982) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974. WHEREAS it is expedient to amend the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974 (Ordinance IV of 1974) hereinafter referred to as the said Ordinance, in Section 6, in sub-section (1), for the words “not less than five” the words “not more than four” shall be substituted. 3. Amendment of Section 8, Ordinance IV of 1974.- In the said Ordinance, in Section 8, between the words 'person' and 'shall' the words and comma ‘other than a Government servant’, shall be inserted. 4. Amendment of Section 11, Act IV of 1974.- In the said Act, in Section 11, after the proviso, the following new proviso shall be added, namely:- “Provided further that the Authority may make necessary additions and alterations as per actual requirements in the approved Master Plan.
460 Volume VII (1981 to 1984) 5. Amendment of Section 15, Ordinance IV of 1974.- In the said Ordinance, in Section 15, in sub-section (2) after clause (xii) the following shall be added:- "(xii) Recover such development cess from the beneficiaries for improvement or development of any area as may be approved by the Government by a general or special order”. 6. Amendment of Section 23, Act IV of 1974.- In the said Ordinance, in Section 23, in sub-section (1) for the proviso of the following shall be substituted, namely:- “Provided that salaried officers and servants of grade 19 and above shall not be appointed except with the previous sanction of the Government”. 7. Amendment of Section 29, Act IV of 1974.- In the said Act in Section 29, in the proviso to sub-section (3), for the word “five” the words “twenty-five” shall be substituted. 8. Addition of Section 31-A, Ordinance IV of 1974.- In the said Ordinance, after Section 31, the following new Section 3l-A, shall be inserted, namely:- “31-A Notwithstanding anything contained in any other law for the time being in force, all property of the following nature situated within the 'Specified Areas', shall vest in and be under the control of the authority and shall be held and applied by it for the purposes of this Ordinance:- (i) All lands or other property already acquired for the construction of new Mirpur Town and Hamlets and other townships on the periphery of the Mangla Reservoir; (ii) All lands or other property which may be acquired by purchase, lease, exchange or compulsory acquisition, under Land Acquisition Act, 1894, by the Authority; (iii) All lands or other property which may be transferred to the Authority by the Government or any other Agency for purposes of control and management or for any other purpose under the Ordinance.” 9. Substitution of Section 39, Ordinance IV of 1974.- In the said Ordinance, for Section 39, the following shall be substituted:- “39. (1) The Authority may retain, or may lease, sell, exchange, rent or otherwise transfer any land vested in it, subject to such terms and conditions as it may impose in this behalf;
461 Volume VII (1981 to 1984) (2) Notwithstanding anything contained in any other law for the time being in force a certificate of title issued by the Authority in respect of any lease, sale, exchange or transfer of any piece of land within specified areas shall be sufficient proof of the said title and shall be ad- missible in evidence of that title in any Court proceedings; (3) The Authority may charge such fees for the issue of certificate of title under sub-section (2) above as it may fix from time to time with previous sanction of the Government.” 10. Addition of a new Section 42-A, Ordinance IV of 1974.- In the said Ordinance after Section 42, a new Section 42-A, shall be inserted, namely:- "42-A. Removal of encroachments, etc.- (1) The Deputy Commissioner or any other person' authorised by the Authority in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority on any land or property vesting in the Authority. (2) If any direction under sub-section (1) is not complied with within such time as may be specified therein the Deputy Commissioner or any person empowered in this behalf by the Authority, may get the encroachment removed and in so doing may use such force including Police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: Provided that the Authority may instead of re- quiring the removal of encroachment accept by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order: Provided further that the Authority may require an encroachment to be altered partially so far as is necessary to avoid contravention of a scheme approved by it." 11. Substitution of Section 48, Ordinance IV of 1974.- In the said Ordinance, for Section 48, the following shall be substituted namely:-
462 Volume VII (1981 to 1984) “48. Repealed Consequential provisions.- (1) The New Mirpur Town (Allotment of Land) Act, 1964, hereinafter referred to as the said Act, and rules and orders made thereunder by the Government are hereby repealed. All assets; rights and all property, movable and immovable and all interests therein and all debts, liabilities and obligations of the Allotment Committee constituted under the said Act shall stand transferred to and be deemed to be assets, rights, property and interests of the Authority established under the Ordinance. (2) Without prejudice to the general provision under sub-section (1) above, the Authority shall exercise all the powers of Allotment Committee constituted under the said Act, in respect of the plots/property allotted/disposed of to different persons by the said Allotment Committee, including the powers of cancellation in cases of infringement of any condition of allotment. (3) The Allotment Committee established, altered or substituted by the Government from time to time under the Mirpur Development Authority Ordinance, 1974, shall stand dissolved; and all its powers of allotment and cancellation/allotment shall be exercisable by the Authority. In future the Authority shall prescribe the procedure and make necessary arrangements for the disposal of Estates developed by it, subject to such re- gulations, if any, made in this behalf. (4) The Authority may constitute an Allotment Committee consisting of such number of members as may be determined a consultation with and approval of the Government. (5) the Allotment Committee constituted under sub- section (4) shall have all the powers of allotment exercisable by the Authority under the provision of the Ordinance or Rules or Regulations framed thereunder. The Allotment Committee may delegate its powers to a sub-Allotment Committee, the consisting of not less than three of its Members. (6) (i) Whenever the Government is satisfied that any property, plots or estates have been disposed of or allotted by any previous Allotment Committee or by the Authority in an illegal or improper manner, or to under serving person or any other irregularity or impropriety
463 Volume VII (1981 to 1984) has been committed in respect of any matter relating to the allotment or disposal of property etc. then it may appoint revising authority for scrutiny and suitable orders in respect of such cases; (ii) All appeals and other proceedings pending with the Appellate Authority created under the said Act, or any other Authorities, in respect of any orders of allotment, shall be forwarded by the Authority/Autho- rities with whom such appeals or proceedings are pending to the Revising Authority constituted under clause (i) above, and the Revising Authority shall make suitable orders in all cases." 12. Insertion of Section 48-A, Ordinance IV of 1974.- In the said ordinance, after Section 48 the following new Section 48-A shall be deemed always to have been so inserted, namely: "48 A.- Nothing in this Ordinance or in any rule or regulation shall be construed to limit or abridge the power of the Government to deal with any case in such manner as may appear to it to be just and equitable." 13. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, every thing done, all actions taken, notifications issued, Orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Mirpur Development Authority (Amendment) Ordinance, 1977 (Ordinance XVlII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. (Muhammad Hayat Khan) President, Azad Jammu & Kashmir. ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law.
464 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD.
Dated 12th November, 1982. No. 1645/LD/82. The following Ordinance made by the President on the 12th day of November, 1982, is herby published for general information:- (ORDINANCE CCXLVIII of 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Act, 1974
WHEREAS it is expedient to amend the Azad Jammu and Kashmir Regularition of Nautors and Grant of Khalsa Land Act, 1974 (Act VI of 1974), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land (Amendment) Ordinance, 1982. (2) It shall come into force at once.
2. Amendment of Section 9, Act VI of 1974.- In the Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land, Act, 1974 (Act VI of 1974) in Section 9, after the proviso the following new proviso shall be inserted and shall be deemed to have taken effect on and from the date of promulgation of Government Order Nos. 282/57 and 65/67. “Provided further that all actions taken, notification issued, orders passed for regularization of nautors, grant of Khalsa land and the Teh zamini under Government order Nos.
465 Volume VII (1981 to 1984) 282/57, 65/67 or any other law before the commencement of Azad Jammu and Kashmir Regularization of Nautors and Grant of Khalsa Land Act, 1974 shall be subject to appeal, review and revision under the Land Revenue Act 1887.”
Sd/-(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir. ------Sd/- (Khalil Ahmad Qureshi) Secretary Law.
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THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Datedthe 21st November,1982. No. 1785/LD/82. The following Ordinance made by the President on the 21st day of November, 1982, is hereby publish for general information :- (ORDINANCE CCLIV OF 1982) AN ORDINANCE to provide proper facilities for higher education and to establish a University in the territory of Azad Jammu and Kashmir. WHEREAS it is expedient to provide proper facilities for higher education and research in Azad Jammu and Kashmir, and to establish a University in the territory of Azad Jammu and Kashmir in the manner hereinafter appearing ; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- CHAPTER-1 PRELIMINARY 1. Short title and Commencement.- (1) This Ordinance may be called the University of Azad Jammu and Kashmir Ordinance, 1982. (2) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,- (a) ‘Academic Council' means the Academic Council of the University; (b) 'Affiliated Colleges' means an educational institution affiliated to the University but not maintained or administered by it; (c) 'Authority' means any of the authorities of the University specified in this Ordinance; 469 Volume VII (1981 to 1984) (d) Collaborating University' means a University conducting instructional programmes in collaboration with the University of Azad Jammu and Kashmir; (e) 'Chancellor' means the Chancellor of the University; (f) 'Commission' means the University Grants Commission; (g) 'Constituent College' means a College maintained and administered by the University; (h) 'Dean' means Dean of a constituent college; (i) 'Government' means the Azad Government of the State of Jammu and Kashmir; (j) 'Institute' means an Institute set up by the University; (k) 'Officer' means an Officer of the University specified in this Ordinance; (1) 'Prescribed' means prescribed by Statutes, Regulations and Rules; (m) 'Principal' means the Principal of an affiliated college; (n) 'Statutes' 'Regulations' and Rules' means the Statutes, Regulations and Rules made or deemed to have been made under this Ordinance; (o) 'Syndicate' means the Syndicate of the University; (p) Teachers' include Professors, Associate Professors, Assistant Professors and Research Associates engaged whole time by the University for teaching post M.A./M.Sc. classes and such other persons as may be recognised to be teachers by the Syndicate; (q) 'University' means the University of Azad Jammu and Kashmir; (r) 'University College' means a constituent College; (s) 'University Teacher' means a whole-time teacher appointed and paid by the University; and (t) 'Vice-Chancellor' means the Vice-Chancellor of the University, CHAPTER—II THE UNIVERSITY 3. In corporation.- (1) There shall be established a University to be called the University of Azad Jammu and Kashmir with its
470 Volume VII (1981 to 1984) seat at Muzaffarabad during winters and at Rawalakot during summers. (2) The University shall consists of - (i) the Chancellor, the Vice-Chancellor, the Deans of Colleges, and the Directors of Institutes; (ii) the members of the Syndicate, the Academic Council and other authorities of the University; (iii) the University teachers and Professors Emeritus; (iv) the Registrar, the Director of Finance and Planning, the Controller of Examinations, the Librarian and the University Auditor; and (v) such other officers as may be prescribed. (3) The University shall be a body corporate by the name of University of Azad Jammu and Kashmir. It shall have perpetual succession and a common seal and shall by the said name sue and be sued. (4) The University shall be competent to acquire and hold property, both movable and immovable and to lease, sell or order transfer any movable and immovable property which may have become vested in or been acquired by it. (5) All properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in or held in trust by and for the constituent colleges and all liabilities legally subsistent against the said colleges shall stand transferred to the University by this Ordinance. 4. Powers of the University.- (1) To provide for instruction in such branches of learning as it may deem fit, and to make pro- vision for research and for the advancement and dissemination of knowledge in such manner as it may determine; (2) To prescribe courses of studies to be conducted by it. (3) To hold examination and to award and confer degrees, diplomas, certificates and other academic distinctions to and or persons who have been admitted to and have passed its examinations under prescribed conditions. (4) To confer in the manner prescribed honorary degrees or other distinctions on persons approved for the purpose.
471 Volume VII (1981 to 1984) (5) To provide for such instruction for persons not being students of the University as it may determine and to grant certificates and diplomas to such persons. (6) To confer degrees on persons who have carried on independent research under prescribed conditions. (7) To accept the examinations passed, and the periods of study spent, by students of the University at other universities and places of learning as equivalent to such examinations and to periods of study in the University may determine, and to withdraw such acceptances. (8) To cooperate with other universities and public authorities in such manner and for such purposes as it may determine. (9) To institute Professorships, Associate Professorships, Assistant Professorships and Research Associateships and any other posts and appoint persons thereto. (10) To create posts for research, extension, administration and other related purposes and to appoint persons thereto. (11) To institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes under-prescribed conditions. (12) To establish Institutes, Faculties, Libraries, Laboratories,, Workshops, Museums and other centres of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may determine. (13) To control the residence of the students of the University and to institute and maintain halls of residence. (14) To supervise and control the discipline of students of the University, to promote extra-curricular and recreational activities of such students, and to make arrangements for promoting their health, moral development and general welfare. (15) To demand and receive such fees and other charges as it may determine. (16) To make provisions for research and advisory services and with these objects to enter into arrangements with other institutions or with public bodies under prescribed conditions. (17) To enter into, carry out, vary or cancel contracts.
472 Volume VII (1981 to 1984) (18) To receive and manage property transferred and bequests, trusts, gifts, donations, endowments and other contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions and to convert one kind of property into another, in such manner as it may deem fit. (19) To provide for the printing and publication of research and other works. (20) To authorise and agree to the mobility of qualified staff among universities, research organizations and the Government or corporate bodies provided that the rights and privileges of the staff under this arrangement shall be protected. (21) To do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a place of education, learning and research.5. University open to all classes, Creeds, etc.- The University shall be opened to all persons of either sex of whatever religion, race, creed, class or colour and no person shall be denied the privileges of the University on the ground only of sex, religion, race, caste, creed, class or colour: Provided that nothing in this section shall be deemed to prevent religious instruction being given to the students in their own religious faiths in such manner as may be prescribed. 6. Teaching in the University.- (1) All recognised teaching in various courses shall be conducted by the University in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations as well as practical work in the laboratories and other methods of instruction. (2) The authority responsible for organizing recognised teaching shall be such as may be prescribed. (3) The courses and the curricula shall be such as may be prescribed. (4) A discipline to be called ‘Islamic and Pakistan Studies' shall be offered as a compulsory subject in all Institutes provided that non-Muslim students may opt for 'Ethics and Pakistan Studies. (5) A degree shall not be awarded to a student unless he has passed the examination in the discipline referred to in sub- section (4).
473 Volume VII (1981 to 1984) CHAPTER—III OFFICERS OF THE UNIVERSITY 7. Officers of the University.- The following shall be the officers of the University, namely:- (i) the Chancellor; (ii) the Vice-Chancellor; (iii) the Deans of University Colleges; (iv) the Directors of Institutes; (v) the Registrar; (vi) the Director Finance and Planning; (v) the Controller of Examinations; (vi) the Librarian ; (vii) the University Auditor ; and (viii) such other persons as may be prescribed by the Regulations to be the officers. 8. Chancellor.- (1) The President of Azad Jammu and Kashmir shall be the Chancellor of the University. (2) The Chancellor shall, when present, preside at the convocations of the University and the meetings of the Syndicate. (3) If the Chancellor is satisfied that the proceedings of any Authority are not in accordance with the provisions of this Ordinance, the Statutes, the Regulations, or the Rules, he may after calling upon such Authority to show cause why such proceedings should not be annulled, by order in writing annual the proceedings. (4) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor. (5) The Chancellor shall have the powers to assents to such statutes as are required to be submitted to him by the Syndicate or withhold assent or refer them back to the Syndicate for reconsideration. (6) The Chancellor may remove any person from the membership of any Authority, if such person – (i) has become of unsound mind; or (ii) has become subject to an incapacity which prevents him. from functioning as a member of such Authority; or
474 Volume VII (1981 to 1984) (iii) has been convicted by a Court of law of an offences involving moral turpitude; or (iv) leaves Pakistan for more than one year. 9. Visitation.- (1) The Chancellor may cause an inspection or inquiry to be made in respect of any matter connected with the affairs of the University and shall, from time to time, appoint such person or persons as he may deem fit for the purpose of carrying out inspection of-- (i) the University, its buildings, laboratories, libraries, museums, workshops and equipment; (ii) any institution or hostel maintained by the University; (iii) the teaching, research and other work conducted by the University; and (iv) the conduct of examinations held by the University. (2) The Chancellor shall give notice to the Syndicate of his intention to cause an inspection or enquiry to be made under sub- section (1) and the Syndicate shall be entitled to be represented thereat. (3) The Chancellor shall communicate to the Syndicate his views with regard to the results of an inspection or inquiry made under sub-section (1) and shall, after ascertaining the Views of the Syndicate thereon, advice the Syndicate on the action to be taken by it. (4) The Syndicate shall, within such time as may be specified by the Chancellor, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of an inspection or inquiry communicated to it under sub- section (3). (5) Where the Syndicate does not, within the time specified by the Chancellor, take action to the satisfaction of the Chancellor, he may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as he thinks fit, and the Vice-Chancellor shall comply with such directions. 10. Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine and shall hold office during the pleasure of the Chancellor for a term not exceeding four years. (2) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform
475 Volume VII (1981 to 1984) the functions of his office due to illness or some other cause, the Chancellor shall make such arrangements for the performance of the duties of the Vice-Chancellor as he may deem fit. 11. Powers and duties of the Vice-Chancellor. (1) The Vice- Chancellor shall be the principal executive and academic officer of the University and shall ensure that the provisions of this Ordinance, the Statutes, the Regulations and the Rules are faithfully observed, shall promote the general efficiency and good order of the University and shall hare all powers necessary to exercise control and enforce discipline over all officers, teachers and other employees and students of the University. (2) The Vice-Chancellor shall, in the absence of the Chancellor, preside at a convocation of the University and the meetings of the Syndicate and shall, if present, preside at the meetings, of the Authorities of which he is the Chairman and be entitled to attend and preside at any meeting of any other Authority or body of the University. (3) The Vice Chancellor may, in an emergency which in his opinion requires immediate action, take such action as he may consider necessary and shall, as soon thereafter as possible, report his action to the Authority or other body which in the ordinary course would have dealt with the matter. (4) The Vice-Chancellor shall also have the power – (i) to create and fill posts temporarily for a period not exceeding six months; (ii) to sanction all expenditure provided for in the approved budget, and to re-appropriate funds within the same major head of expenditure; (iii) to sanction by re-appropriation an amount not exceeding fifteen thousand rupees for an unforeseen item not provided for in the budget, and report it to the Syndicate at the next meeting ; (iv) to appoint examiners for all examinations of the University after receiving .panels of names from the relevant Authorities; (v) to make such arrangements for the scrutiny of papers, marks and results as he may consider necessary ; (vi) to direct teachers, officers and other employees of the University to take up such assignments in connection with teaching, research, examination and administration
476 Volume VII (1981 to 1984) and such other activities in the University, as he may consider necessary for the purpose of the University ; (vii) to appoint employees upto Grade 16 in the National Pay Scales ; (viii) to delegate, subject to such conditions, if any, as may be prescribed, any of his powers under this Ordinance to an officer or other employees of the University; and (ix) to exercise and perform such other powers and function as may be prescribed. 12. Registrar.- (1) The Registrar shall be whole-time Officer and shall be appointed on such terms and conditions as may be prescribed. (2) The Registrar shall – (a) be the custodian of the Common Seal and the academic records of the University; (b) maintain a Register of Registered Graduates in the prescribed manner; (c) conduct elections of members to the various Authorities in the prescribed manner; (d) be the Secretary of the Syndicate, the Academic Council and the Selection Board; and (e) perform such other duties as may be prescribed. 13. Director Finance and Planning.- (1) The Director Finance and planning shall be whole-time Officer of the University having qualifications in development, planning or allied discipline. He shall be appointed by the Syndicate on such terms and conditions as it may determine. (2) The Planning and Development Officer shall-- (a) manage the property, the finances and the investments of the University; (b) prepare the annual and revised budget estimates of the University and present them to the Finance and Planning Committee; (c) ensure that the funds of the University are expended for the purposes for which they are provided; (d) be Secretary of the Finance and Planning Committee;
477 Volume VII (1981 to 1984) (e) be responsible for preparing development projects, development budget and other plans for development of the University; (f) organize arid assist in conducting periodic evaluation of academic programmes of the University; (g) organize studies and make recommendations on consolidation of existing programmes, elimination of infructous activities, and introduction of new programmes based on new developments in various fields of knowledge ; (h) ensure proper execution of development projects of the University; and (i) perform such other duties as may be prescribed. 14. Controller of Examinations.- (1) The Controller of Examinations shall be a whole-time officer of the University and shall be appointed by the Syndicate on such terms and conditions as it may determine. (2) The Controller of Examinations, shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed. 15. University Auditor.- (1) There shall be a University Auditor who shall be an officer in the service of Government whose services would be placed at the disposal of the University by the Auditor-General of Azad Jammu and Kashmir. 16. Other Officers.- Subject to the provisions of this Ordinance, the terms and conditions of service and the powers and duties of other officers of the University shall be such as may be prescribed. CHAPTER—IV AUTHORITIES OF THE UNIVERSITY 17. Authorities.- The following shall be the authorities of the University, namely:-- (i) the syndicate; (ii) the Academic Council; (iii) the Boards of Studies ; (iv) the Selection Board; (v) The Advanced Studies and Research Board; (vi) the Finance and Planning Committee;
478 Volume VII (1981 to 1984) (vii) the University Discipline Committee; and (viii) such other authorities as may be prescribed by Statutes. 18. The Syndicate .- (1) The Syndicate shall consist of - (i) the Vice-Chancellor who shall be its Chairman; (ii) the Chief Justice-of the Azad Jammu and Kashmir High Court or a Judge of the Said Court to be nominated by the Chief Justice ; (iii) the Chairman , University Grants Commission or his nominee; (iv) the Secretary, Ministry of Education, Government of Pakistan, or his nominee; (v) one representative of the Government of Azad Jammu and Kashmir to be nominated by the Chancellor ; (vi) the Deans of constituent Colleges ; (vii) two Principals of affiliated colleges to be nominated by the Chancellor ; and (viii) the Vice-Chancellors of cooperating Universities. (2) The members of the Syndicate, other than ex-officio members, shall hold office for two years. (3) The quorum for a meeting of the Syndicate shall be one-half of the total number of members, a fraction being counted as one. 19. Powers and duties of the syndicate.- (1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Ordinance and the Statutes, exercise general supervision over the affairs of the University. (2) In particular and without prejudice to the generality of the foregoing provisions, the Syndicate shall have the power – (a) to hold, control and administer the property and funds of the University; (b) to govern and regulate, with due regard to the advice of the Finance and Planning Committee in this behalf, the finances, accounts and investments of the University and, for that purpose, to appoint such agents as it may think fit ; (c) to consider the annual report and the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;
479 Volume VII (1981 to 1984) (d) to transfer and accept transfer of movable or immovable property on behalf of the University; (e) to enter into, vary, carry out and cancel contracts on behalf of the University; (f) to cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University; (g) to invest any money belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trust Act 1882 (II of 1882), as adapted in Azad Jammu and Kashmir or in the purchase of immovable property or in such other manner as it may determine, with the like power of varying such investments; (h) to receive and manage any property transferred, and grants, bequests, trusts, gifts, donations, endowments and other contributions made, to the University, and to administer any funds placed at the disposal of the University for specified purposes ; (i) to provide the buildings, libraries, premises, furnitures, apparatus, equipment and other means required for the purposes of the University, and to establish and maintain halls of residence ; (j) to determine the form, provide for the custody and regulate the use of the Common seal of the University; (k) to arrange for the inspection of the Institutes; (1) to institute professorships, Associate Professorships, Assistant Professorships, Research Associateships and other teaching or research posts, or to suspend or abolish such posts ; (m) to create, suspend or abolish such administrative, research, extension or other posts as may be necessary; (n) to appoint University teachers and other officers on the recommendations of the Selection Board for teaching and other posts in Grade 17 in the National pay Scale and above; (o) to appoint Professors Emeritus on such terms and conditions as may be prescribed;
480 Volume VII (1981 to 1984) (p) to confer with the prior approval of the Chancellor Honorary Degrees in accordance with the conditions prescribed; (q) to prescribe the duties of officers teachers and other employees of the University; (r) to suspend, punish and remove from service in the prescribed manner officers (other than the Vice- Chancellor), teachers and other employees whom it is empowered to appoint; (s) to report to the Chancellor on matters which have been referred to it; (t) to appoint members to the various Authorities in accordance with the provisions of this Ordinance; (u) to propose drafts of Statutes for submission to the Chancellor; (v) to consider and deal, in the manner indicated in sub- section (2) of Section 25, with the Regulations proposed by the Academic Council; (w) to regulate, determine and administer all other matters: concerning the University and to this end exercise all necessary powers not specifically mentioned in this Ordinance or the Statutes; (x) to delegate any of its powers to an Authority or officers or sub-committees; and (y) to perform such other functions as have been assigned to it by the other provisions of this Ordinance or may be assigned to it by the Statutes. 20. Academic Council.- (1) The Academic Council shall consist of - (i) the Vice-chancellor who shall be its Chairman; (ii) the Deans of Constituent Colleges; (iii) the Directors of Institutes; (iv) five Principals of affiliated colleges to be nominated by the Chancellor on the recommendations of Vice- chancellor; (v) six senior teachers of the constituent colleges to be nominated by the Chancellor on the recommendations of Vice-chancellor ; (vi) three persons eminent in arts, sciences and professions, of whom one shall be from each category; and 481 Volume VII (1981 to 1984) (vii) three persons from other educational and research institutions to be nominated by the Chancellor. (2) The members of the Academic Council other than ex- officio members, shall hold office for two years. (3) The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one. 21. Powers and duties of the Academic Council.- (1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Ordinance, the Statutes and other laws, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the University. (2) In particular and without prejudice to the generality of the foregoing provisions, the Academic Council shall have the power – (a) to advise the Syndicate on academic matters; (b) to regulate the conduct of teaching, research and examinations; (c) to regulate the admission of students to the courses of studies and examinations in the University; (d) to regulate the conduct and discipline of the students of the University; (e) to propose to the Syndicate schemes for the constitution and organisation of Institutes and Boards of Studies; (f) to make Regulations, on the recommendations of the Boards of Studies, prescribing the courses of studies and the syllabus for all University examinations: Provided that, if the recommendations of a Board of studies are not received by the prescribed date, the Academic Council may subject to the approval of the Syndicate, continue for the next year the courses of studies already prescribed for an examination. (g) to recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University; (h) to regulate the award of studentships, scholarships, exhibitions, medals and prizes ; (i) to frame Regulations for submission to the Syndicate;
482 Volume VII (1981 to 1984) (j) to appoint members to the various Authorities in accordance with the provisions of this Ordinance; and (k) to perform such other functions as may be prescribed by Statutes. 22. Constitution, functions and powers of other Authorities.- Subject to the provisions of this Ordinance, the constitution, functions and powers of the authorities for which no specific provision, or insufficient provision, has been made in this Ordinance shall be such as may be prescribed by Statutes. 23. Appointment of Committees by the Authority.- The Syndicate, the Academic Council and any other Authority may, from time to time, appoint such standing special or advisory committees. as it may deem fit, and may appoint to such committees persons who are not its members. CHAPTER—V STATUTES, REGULATIONS AND RULES 24. Statutes.- (1) Subject to the provisions of this Ordinance, Statutes may be made to regulate or prescribe all or any of the following matters, namely:- (a) the constitution of pension, insurance, gratuity, provident fund and benevolent fund for University employees; (b) the scales of pay and other terms and conditions of service of officers, teachers and other employees of the University; (c) the establishment of Institutes; (d) the maintenance of the register of Registered Graduates; (e) the powers and duties of officers and teachers; (f) the conditions under which the University may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services; (g) the conditions for appointment of Professors Emeritus and award of honorary degrees; (h) efficiency and discipline of University employees; and (i) all other matters which are to be or may be prescribed or regulated by statutes. (2) The draft of Statutes shall be proposed by the Syndicate to the Chancellor who may approve it, or pass it with such
483 Volume VII (1981 to 1984) modifications as he may think fit, or may refer it back to the Syndicate for reconsideration or may reject it: Provided that the Syndicate shall not propose a draft of Statutes affecting the constitution or powers of any authority until such Authority has been given an opportunity of expressing an opinion in writing upon the proposals: Provided further that the draft of Statutes concerning any of the matters mentioned in clauses (a) and (b) of sub-section (1) shall be forwarded to the Chancellor and shall not be effective until it has been approved by the Chancellor. (3) Subject to the second proviso to sub-section (2), no Statute Shall be valid unless it has been approved by the Chancellor. 25. Regulations.- (1) Subject to the provisions, of this Ordinance and the Statutes, Regulations may be made for all or any of the following matters, namely:- (a) the general scheme of studies, including the duration of courses and the number of subjects or papers for an examination; (b) the courses of study for post M.A. / M.Sc. degrees, diplomas and certificates of the University; (c) the manner in which the recognised teaching referred to in sub-section (1) of Section 6 shall be organized and conducted; (d) the admission of students to the University; (e) the conditions under which students shall be admitted to the courses and the examinations of the University and shall become eligible for the award of degrees, diplomas and certificates; (f) the conduct of examinations; (g) fees and other charges to be paid by the students for admission to the courses of study and the examinations of the University; (h) the conduct and discipline of students of the University; (i) conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels; (j) the conditions under which a person shall carry on independent research to entitle him to a degree;
484 Volume VII (1981 to 1984) (k) the institution of fellowships, scholarships, exhibitions, medals and prizes; (1) the institution of stipends and free and half-free studentships; (m) the academic costume; (n) the use of the Library; (o) the formation of Institutes and Boards of Studies; and (p) all other matters which are to be or may be prescribed by Regulations. (2) The draft of Regulations shall be prepared by the Academic Council and shall be submitted to the Syndicate which may approve or withhold approval or refer it back to the Academic Council for reconsideration: Provided the Syndicate may frame a Regulation at its own initiative and approve it after calling for the advice of the Academic Council. (3) No Regulation shall be valid unless it has been approved by the Syndicate.. 26. Amendment and repeal of Statutes and Regulations.- The procedure for adding to, amending or repealing the Statutes and the Regulations shall be the same as that provided respectively for the framing or making of Statutes and Regulations. 27. Rules.- (1) The Authorities and the other bodies of the University may make Rules consistent with this Ordinance, the Statutes and the Regulations to regulate the conduct of their business and the time and place of meeting and related matters: Provided that the Syndicate may direct the amendment or the annulment of any Rules made by another authority or body under this section; Provided further that, if such other authority or body is dissatisfied with such direction, it may appeal to the Syndicate whose decision in the matter shall be final. (2) The Syndicate may make Rules to regulate any matter relating to the affairs of the University which by this Ordinance is not specifically required to be provided for by Statutes or Regulations.
485 Volume VII (1981 to 1984) CHAPTER—VI UNIVERSITY FUND 28. University Fund.- The University shall have a fund to which shall be credited its income from fees, donations, bequest, endowments, contributions, grants and all other sources. 29. Recovery of University Dues.- The University or any person generally or specially authorised by it may apply to the Collector for recovery of any sum due to the University under any bond or otherwise and the Collector shall thereupon proceed to recover the sum due, as if it were an arrear of land revenue. 30. Audit and Accounts.- (1) The accounts of the University shall be maintained in such manner as may be prescribed. (2) No expenditure shall be made from the funds of the University unless a bill for its payment has been audited by the University Auditors in conformity with the Statutes. (3) The annual statement of the accounts of the University signed by the Director Finance and the University Auditor shall be submitted to the Government within six months of the closing of the financial year. (4) the accounts of the university shall be audited once a year by Government Auditor appointed by the Auditor-General of Azad Jammu and Kashmir. (5) The observations of the Government Auditor, together with such annotations as the Director Finance may make, shall be presented to the Syndicate and the Commission. CHAPTER—VII FFIUATION OF EDUCATIONAL INSTITUTIONS TO THE UNIVERSITY 31. Affiliation.- (1) An educational institution applying for affiliation to the university shall make an Application to the University and shall satisfy it – (a) that the educational institution is under the management of the Government or of a regularly constituted governing body; (b) that the financial resources of the educational institution are sufficient to enable it to make due provision for its continued maintenance and efficient working; (c) that the strength and qualifications of the teaching and other staff, and the terms and conditions of their service, are adequate to make due provisions for the courses of
486 Volume VII (1981 to 1984) instruction, teaching or training to be undertaken by the educational institution; (d) that die educational institution has framed prosper rules regarding the efficiency and discipline of its staff and other employees; (e) that the building in which the educational institution is to be located in suitable, and that provision will be made in conformity with the statutes and the Regulations for:- (i) the residence of students, not residing with their parents or guardians, in the hostels established and maintained by the educational institution or in hostels or lodging approved by it; and (ii) the Supervision and physical and general welfare of students; (f) that provision has been made for a library and adequate library services; (g) that where affiliation is sought in any branch of experimental sciences, due arrangements have been made for importing instruction in that branch of Science in properly equipped laboratory, museum and other places or practical work; (h) that due provisions will, so far as circumstances may permit, be made for the residence or the principal and members of the teaching staff in or near the college or place provided for the residence of student; and (i) that the affiliation of the educational institution will not be injurious to the interest of education or discipline of educational institutions in its neighbourhood. (2) The application shall further contain an undertaking that after the educational institution is affiliated any transference of and changes in the management and in the teaching staff, save in the case of Government Colleges, shall be forthwith reported to the University, and that the teaching staff shall possess such qualifications as are or may be prescribed. (3) The procedure to be followed in disposing of an application for the affiliation of and educational institution shall be such as may be prescribed. (4) The Syndicate may, on the recommendation of the affiliation Committee, grant or refuse affiliation to an educational institution:
487 Volume VII (1981 to 1984) Provided that, affiliation shall not be refused, unless the educational institution has been given an opportunity of making a representation against the proposed decision. 32. Addition of courses by affiliated educational institution.- Where an educational institution desires to add to the courses of instruction in respect of which it is affiliated the procedure prescribed under sub-section (3) of Section 31 shall, so far as may be, be followed. 33. Report from affiliated educational institutions.- (1) Every educational institution affiliated to the university shall furnished such reports, returns and other information as the University may require to enable it to judge the efficiency of the educational institution. (2) The University may call upon any educational institution affiliated to it to take within a specified period such action as may appear to the University to be necessary in respect of any of the matters referred to in sub-section (1) of Section 31. 34. Withdrawal of affiliation.- (1) If an educational institution affiliated to the University fails at any time to fulfill any of the requirements mentioned in the Ordinance, or if an educational institution has failed to observe any of the conditions of its affiliation, or its affairs are conducted in a manner which is prejudicial to the interests of education the Syndicate may, on recommendation of the Affiliation Committee, and after considering such representation as the educational institution may wish to make, withdraw, either in full or in part, the rights conferred on the educational institution by affiliation or modify such rights. (2) The procedure to be followed for the withdrawal of affiliation shall be such as may be prescribed. 35. Appeal against refusal or withdrawal of affiliation.- An appeal shall lie to the Syndicate against refusal of affiliation to an institution, or withdrawal, in whole or in part, of the rights conferred on an institution by affiliation, or modifications of such rights. CHAPTER—VIII GENERAL PROVISIONS 36. Retirement from service.- An officer, teacher or employee of the University shall retire from service –
488 Volume VII (1981 to 1984) (1) on such date, after he has completed twenty-five years of service qualifying for pension or other retirement benefits as the competent authority may, in the public interest, direct ; or (2) where no direction given under sub-section (1) on the completion of sixty years of his age. Explanation: In this section 'competent authority' means the appointing authority or a person duly authorised by the appointing authority in that behalf, not being a person lower in rank to the officer, teacher or other employee concerned. 37. Opportunity to show cause.- Except as otherwise provided, no officer, teacher or other employee of the University holding a permanent post shall be reduced in rank, or removed or compulsorily retired from service, unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken. 38. Appeal to, and review by, the Syndicate.- (1) Where an order is passed punishing any officer (Other than the Vice-Chancellor), teacher or other employee of the University or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order is passed by the Vice-Chancellor or any other officer or teacher of the University, have the right to appeal to the Syndicate, against the order, and, where the order is made by the Syndicate, have the right to appeal to that Authority for review of that order. (2) The appeal or application for review shall be submitted to the Vice-Chancellor who shall lay it before the Syndicate with his views. 39. Pension insurance, gratuity, provident fund and benevolent fund.- (1) The University shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed such pension, insurance, gratuity, provident fund and benevolent fund scheme as it may deem fit. (2) Where a provident fund is constituted under this Ordinance, the provisions of the Provident Fund and rules made thereunder shall apply to such fund as if it were a Government Provident Fund and the University were the Government. 40. Commencement of term of office of members of Authorities.- When a member of a newly constituted Authority is appointed or nominated, his term of office as fixed under this Ordinance shall commence from such date as may be prescribed.
489 Volume VII (1981 to 1984) 41. Filling of casual vacancies in Authorities.- Any casual vacancy among the appointed or nominated members of any Authority shall be filled, as soon as convenient may be, by the person or the body who appointed or nominated the member whose place has become vacant and the person appointed or nominated to the vacancy shall be a member of such Authority for the residue of the term for which the person whose place he fills would have been a member. 42. Filling of vacancies in Authorities in certain circumstances.- Where a vacancy in the membership of an Authority cannot be filled because of – (1) the office the holder whereof was to be a member of the Authority ex-officio having ceased to exist; (2) the organization, institution or other body, other than the university, having either ceased to exist or to function; or (3) the occurrence of other circumstances in which it has become impracticable to fill the vacancy, the vacancy shall be filled in such manner as the Chancellor may direct. 43. Disputes about membership of Authorities.- (1) Notwithstanding anything contained in this Ordinance, a person nominated or appointed to an Authority shall cease to be a member of such Authority as soon as he ceases to hold the position by virtue of which he was nominated or appointed. (2) If a question arises whether any person is entitled to be a member of any Authority, the matter shall be fee referred to a Committee consisting of the Vice-Chancellor, a Judge of the High Court or Supreme Court to be nominated by the Chief Justice, Azad Jammu and Kashmir Supreme Court and the nomine of the Commission who are members of the Syndicate and the decision of this Committee shall be final and binding. 44. Proceedings of Authorities not invalidated by vacancies.- No act, proceedings, resolution or decision of any Authority shall be invalid by reason only of any vacancy in or any defect in the constitution of, or in the appointment or nomination of any member of the Authority. 45. First Statutes.- Notwithstanding anything contained in this Ordinance, the Statutes set out in the Schedule shall be deemed to be the Statutes framed under section 24 and shall remain in force until they are amended or replaced by new Statutes framed in accordance with this Ordinance.
490 Volume VII (1981 to 1984) 46. Transfer of Officers, etc.- (1) Any officer, teacher, or other employee of the University shall, as the Chancellor may direct, serve for such period as may be fixed or extended from time to time by the Chancellor in any post under any organization in the territory of Azad Jammu and Kashmir. The terms and conditions of service such a transferee shall not be less favorable than those admissible to him in the University. (2) The Chancellor in consultation with the Vice-Chancellor may fill any post in the University by appointing a person in the. service of Azad Jammu and Kashmir Government. (3) The Chancellor may approve inter-transfer of officer's teachers or other employee of the University, constituent colleges, affiliated colleges, Government, corporate bodies provided that the rights and privileges of such persons under this arrangement are protected under such conditions as may be prescribed. 47. Bar to jurisdiction .- No Court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to anything done or purported to have been done or intended to be done under this Ordinance. 48. Indemnity.- No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of Government or the University or any person, in respect of anything which is done, or purported toy have been done or is intended to, or has been done under this Ordinance. 49. Transitional Provisions.- (1) Notwithstanding anything contained in this Ordinance, the Syndicate shall start functioning as soon as the Chancellor has made nomination of its members. (2) Immediately on promulgation of the Ordinance the Chancellor shall appoint a Project Director alongwith helping staff to put the provisions of this Ordinance into effect. Other officers such as Registrar, Director of Finance and Planning, controller of Examinations and Librarian shall be appointed when the University starts functioning fully. 50. Removal of difficulties.- If any difficulty arises as to the first constitution or reconstitution of any Authority upon coming into force of this Ordinance or otherwise in giving effect to the provisions of this Ordinance, the Chancellor may, on the recommendation of the Vice-Chancellor, give appropriate directions, to remove such difficulty.
491 Volume VII (1981 to 1984) THE SCHEDULE (See Section 45) THE FIRST STATUTES 1. Organisation of the University.- (1) The teaching of the University shall be conducted at constituent colleges to be known as University Colleges. (2) There shall be a Committee of each of the University College which shall consist of – (i) the Dean of the University College; (ii) the Professors in the University College; (iii) one Associate Professor one Assistant Professor and one Lecturer to be nominated by the Syndicate; and (iv) four Professors of other affiliated colleges to be nominated by the Academic Council. (3) The members, other than ex-officio members, shall hold office for two years. (4) The quorum for a meeting of the Committee of the University shall be one-half of the total number of members, fraction being counted as one. (5) The Committee of each college shall, subject to the general control of the Academic Council and the syndicate, have the power to (a) organise courses of study and examinations of the College; (b) consider any other academic matter related to the College and to report thereon to the Academic Council; and (c) perform such other functions as may be assigned. 2. Selection Board (1) The Selection Board shall consist of- (i) the Vice-Chancellor - (Chairman); (ii) the Chairman or a member of the Azad Jammu and Kashmir Public service Commission to be nominated by the Chairman; (iii) Chairman of the Commission or his nominee; (iv) The Principal of the College concerned; (v) One member of the Syndicate and two other persons of eminence to be appointed by the Syndicate, provided
492 Volume VII (1981 to 1984) that none of them is an employee of the University College. (2) The members, other than the ex-officio members shall hold office for two years. (3) The quorum for a meeting of the Selection Board shall be four. (4) No member, who is a candidate for the post to which appointment is to be made by the Selection Board, shall take part in the proceedings of the Board. (5) In selecting candidates for the posts of Professors and Associate Professors, the Selection Board shall co-opt or consult three experts in the subject concerned and in selecting candidates for other teaching posts, two experts in the subject concerned, to be nominated by the Chancellor from a standing list of experts for each subject approved by the syndicate on the recommendations of the Selection Board and revised from time to time. 3. Functions of the Selection Board.- (1) The Selection Board for teaching and other posts shall consider the applications received in response to advertisement and recommended to the Syndicate the names of suitable candidates for appointment to teaching or other posts, as the case may be, and may also recommend: (a) the grant of a higher initial pay in a suitable case for reasons to be recorded; and (b) the appointment of an eminently qualified person to a Professorship in the University College on terms and conditions other than those prescribed. (2) In the event of a difference of opinion between the Selection Beard and the Syndicate, the matter shall be referred to the Chancellor whose decision shall be final. 4. Finance and Planning Committee.- (1) The Finance and Planning Committee shall consist of:- (i) The Vice-Chancellor (Chairman); (ii) one member of the Syndicate to be appointed by the Syndicate; (iii) one member of the Academic Council to be appointed by the Academic Council; (iv) two nominees of the Chancellor, one each from the Education Department and Finance Department of the Government of Azad Jammu and Kashmir; and 493 Volume VII (1981 to 1984) (v) the Director of Finance and Planning (Member/Secretary). (2) The term of office of the appointed members shall be two years. (3) The quorum for a meeting of the Finance and Planning Committee shall be four members. 5. Functions of the Finance and Planning Committee.- The functions of the Finance and Planning Committee shall be - (a) to consider the annual statement of accounts and the annual and revised budget estimates and advise the Syndicate thereon; (b) to review periodically the financial position of the University College; (c) to recommend development projects, development budget and other plans for the physical development of the University College and supervise their execution on behalf of the Syndicate; (d) to advise the Syndicate on all matters related to planning, development, finances, investments, and accounts of the University College; and (e) to perform such other functions as may be prescribed. 6. Discipline Committee (1) The Discipline Committee in each constituent/ affiliated college shall consist of - (i) Principal of the College to be appointed by the Vice Chancellor; (ii) one member to be nominated by the Syndicate; (iii) one member to be nominated by the Academic Council; (iv) the teacher or officer incharge of student affairs, by whatever name called - Member - Secretary. (2) The terms of office of the members of the Committee, other than ex-officio members, shall be two years (3) The quorum for a meeting of the Committee shall be four members. 7. Functions of the Discipline Committee.(1) The functions of the Discipline Committee shall be - (a) to deal with all inter-departmental cases of indiscipline in the University College;
494 Volume VII (1981 to 1984) (b) to propose regulations related to conduct of students, maintenance of discipline and breach of discipline; (c) to suspend, expel or rusticate students on the basis of the inquiry conducted under the prescribed Rules/ Regulations; and (d) to perform such other functions as may be prescribed. (2) An appeal against the decision of the Discipline Committee shall lie with the Vice Chancellor whose decision shall be final and binding. 8. Scheme of Studies.- The courses and scheme of studies at the University Colleges shall be, as given in the Annexures I-VI.
(Mohammad Hayat Khan) President Azad Jammu & Kashmir, ______Sd/. (Khalil Ahmed Qureshi) Secretary Law
Annexure—I PROGRAMME OF STUDIES AT THE UNIVERSITY COLLEGE, MUZAFFARABAD
FIRST YEAR: Term I & II (a) Compulsory Courses: Credit Hours i) Islamic Studies 2 ii) Arabic 3 iii) English 2 (b) Elective Subjects: Three of the following subjects of three Credit Hours each in either Group: Group — A Group---B i) Economics i) Chemistry ii) Statistics ii) Physics iii) Political Science iii) Mathematics iv) Psychology iv) Biology v) History v) Geology vi) Any subject/s in Group B
495 Volume VII (1981 to 1984) SECOND YEAR: Term III & IV (a) Compulsory Subjects Credit hours i) Islamic Studies 3 (at least 50% to be taught in Arabic) ii) Arabic 2 iii) English 2 (b) Elective Subjects: Three of the following subjects of three Credit Hours each in either Group: Group – A Group – B i) Economics i) Chemistry ii) Statistics ii) Physics iii) Political Sciences iii) Mathematics iv) Psychology iv) Biology v) Any subject/s in Group B v) Geology vi) History Term –V (a) One major subject: (Credit Hours 12 per term) Any one subject taken in Term I to IV or Business Administration. (b) Following subjects as Minors (Credit Hours 2 per course): i) Social Sciences (for those who offered science subjects in semester I to IV. OR General Science (for those who did not offer science subjects in semester I to IV ii) Pakistan and Islamic Studies (option for non-Muslim students : Ethics and Pakistan Studies Term—VI Same as Term — V. Term—VII Credit Hours i) Advance Courses in the major subject 8 ii) Research Project 6 iii) Field Work/Rural Development (100 hours in one or two terms)
496 Volume VII (1981 to 1984) Term —VIII Same as in Term — VII. Note: An additional requirement in Semesters V-VIII will be: Term papers in Majors. ii) Seminars. iii) Sandwich Training-in-Project
Annexure—II
PROGRAMME OF STUDIES AT UNIVERSITY COLLEGE MIRPUR
Term—I (First Year) Credit Hours i) Islamic Studies 2 ii) Arabic 2 iii) Electronics 3 iv) Applied Physics 3 v) Applied Chemistry 3 vi) Applied Mathematics 3
Term — II (First Year) Same as in Term I Term — III (Second Year) i) Islamic Studies 2 ii) Arabic 1 iii) Electronics (Theory 2, Practical 3) 5 iv) Applied Physics 3 v) Applied Mathematics 3 vi) Statistics 2 Term— IV (Second Year) i) Pakistan and Islamic Studies 2 ii) Arabic 1 iii) Electronics 5 vi) Applied Physics 3 v) Applied Mathematics 3 vi) Social Psychology 2
497 Volume VII (1981 to 1984) Term — V (Third Year) i) Electronics 7 ii) Applied Physics 3 iii) Applied Mathematics 2 iv) Social Psychology 2 v) Applied Economics 2 Term — VI (Third Year) Same as in Term V. Term — VII & VIII Credit Hours- i) Electronics 14 ii) Social Sciences (General) 2 Note: Emphasis in the Technology shall be on practical training distributed as follows: Practicals 75% Theory 25%
Annexure-III PROGRAMME OF STUDIES AT THE UNIVERSITY COLLEGE, RAWALAKOT Term — I (First Year) Credit Hours i) Islamic Studies 2 ii) Arabic 2 iii) Agro-based Technology 3 iv) Applied Chemistry 3 v) General Physics 3 vi) Applied Biology 3 Term — II (First Year) Same as in Term -1 Term — III (Second Year) i) Islamic Studies 2 ii) Arabic • 1 iii) Agro-based Technology 5 (2 for theory & 3 for Practical) iv) Applied Chemistry 3 v) Applied Biology 3 vi) Mathematics 2
498 Volume VII (1981 to 1984) Term— IV (Second Year) i) Pakistan and Islamic Studies 2 ii) Arabic 1 iii) Agro-based Technology 5 iv) Applied Chemistry 3 v) Applied Biology 3 vi) Mathematics 2 Term — V (Third Year) i) Agro-based Technology 7 ii) Applied Chemistry 3 iii) Economics 2 iv) Statistics 2 Term — VI (Third Year) Same as in Term V. Term — VII and VIII i) Agro-based Technology 14 ii) Social Psychology 2 (Note) The emphasis in the Technology shall be .on practical training distributed as follows :) Practical 75% Theory 25%
Annexure—IV PROGRAMME OF STUDIES UNIVERSITY COLLEGE KOTLI Term — I (First Year) Credit Hours i) Islamic Studies: 2 ii) Arabic 2 iii) Business English 2 iv) Commerce 3 v) Economics . 3 vi) Mathematics 2 vii) Statistics 2 Term — II As above. Term - III (Second Year) i) Islamic Studies 1 ii) Arabic 1 iii) Business English 2
499 Volume VII (1981 to 1984) iv) Commerce 7 v) Economics 3 vi) Philsophy (Logic) 2 Term – IV (Second Year) i) Islamic & Pakistan Studies 1 ii) Arabic 1 iii) Business English 2 iv) Commerce 7 v) Economics 3 vi) Psychology 2 Term – V (Third Year) i) Islamic & Pakistan Studies 1 ii) Commerce 9 iii) Economics 2 iv) Statistics 2 v) Reserch Mathods 2 Term – VI (Third Year) Same As above Term --VII & VIII i) Commerce. 14 ii) General Science 2
Annexure —V UNIVERSITY COLLEGE FOR WOMEN MIRPUR Term – I (First Year) Credit Hours i) Islamic Studies 2 ii) Arabic 2 iii) Textile Tech: (Design & Garmenting) or 3 Electronics iv) Applied Chemistry 3 v) Applied Physics or Biology 3 vi) Applied Mathematics 3 Term — II (Second Year) Same as for Term — I. Term — III (Second Year) i) Islamic Studies 2 ii) Arabic 1 iii) Textile Tech or Electronics 5 iv) Applied Chemistry 3
500 Volume VII (1981 to 1984) Applied Physics or Biology 3 vii) Applied Mathematics or Economics 2 Term — IV. Same as Term III. Term — V & VI Credit Hours i) Pakistan & Islamic Studies 1 ii) Textile Tech or Electronics 7 iii) Applied Physics or Biology 3 iv) Applied Statistics 3 v) Social Psychology 2 Term – VII & VIII i) Textile Technology or Electronics 14 ii) Social Sciences (General) 2 (Note): Emphasis in the Technology shall be on Practical Training distributed as follows: Practical 75% Theory 25%
Annexure VI PROGRAMME OF STUDIES OF UNIVERSITY COLLEGE OF HOME ECONOMICS MUZAFFARABAD The Syllabus and Courses of Studies at the University College of Home Economic, Muzaffarabad will be same as for College of Home Economics, Lahore.
Annexure VII PROGRAME OF STUDIES OF UNIVERSITYCOLLEGE FOR WOMEN KHARICK (RAWALKOT) The syllabus and cources of Islamic Studies at the University College for women kharick (Rawalkot) shall be prescribed.
501 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 28th November, 1982. No. 1794/LD/82. The following Ordinance made by the President on the 27th day of November, 1982, is herby published for general information:- (ORDINANCE CCLV of 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Maintenance of Public Order Ordinance. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1982 (Ordinance CCLI of 1982) in the manner hereinafter appeaing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Maintenance of Public Order (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 27, Ordinance CCLI of 1982.- In the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1982 (Ordinance CCLI of 1982), for Section 27, the following shall be substituted, namely:- “27. Delegation of powers.- Government may, by notification or order in writing, direct that the powers under sub-section (1) of Section 3 shall, subject to such restrictions as may be exercisable by any District Magistrate or by person authorised by the Government within his jurisdiction.”
Sd/-(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir.
502 Volume VII (1981 to 1984)
503 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR,LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 30th November, 1982. No. 1821/LD/82, The following Ordinance made by the President on 30th November, 1982, is hereby published for general information:- (ORDINANCE CCLX OF 1982) AN ORDINANCE further to amend the Azad Jammu and Kashmir Courts and Laws Code, 1949. WHEREAS it is expedient to amend the of Azad Kashmir Courts and Laws Code, 1949, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance :- 1. Short title and Commencement:- (1) This Ordinance may be called the Azad Kashmir Courts and Laws Code (Amendments) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 5, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Kashmir Courts and Laws Code, 1949, hereinafter referred as the said Code, in Section 5 in sub-section (1),- (a) for the words 'two or three other' the words 'three or more shall be substituted; and (b) after sub-section (1) the following new sub-section (1-A) shall be inserted and shall be deemed always to have been so inserted, namely:- "(I-A) At any time when (a) the office of the Chief Justice of the High Court is vacant; or (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause;
504 Volume VII (1981 to 1984) the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice." 3. Amendment of Section 21 Azad Kashmir Courts and Laws Code, 1949.- In the said Code , in section 21, in the first line of the word “only” shall be deleted. (Mohammad Hay at Khan) President, Azad Jammu & Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
505 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 7th December, 1982. No. 1837/LD/82. The following Ordinance made by the President on the 7th day of December, 1982, is hereby published for general information. (ORDINANCE CCLXI OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ Act, 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh (Amendment) Ordinance, 1982. (2) It shall come into force at once. 2. Amendment of Section 4, Act I of 1966.- In the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966 (Act I of 1966) hereinafter referred to as the said Act in Section 4, after sub-section (3), for the full stop, a colon shall be substituted, and thereafter the following proviso shall be added, namely:- “Provided that where such land is to be given as “Shamilat Deh” to Dehi Council to be managed by it as community Forest, the condition of twenty four or more state trees per acre shall not apply: Provided further that till such time as the Dehi Council is in a position to take over management of community forests, the Forest Department shall manage and develop on its behalf. The provisions of the Azad Jammu and Kashmir Forest Regulations, 1930 and rules made thereunder shall apply to these forests. The expenditure incurred on management and development thereof 506 Volume VII (1981 to 1984) shall be deducted and the net income shall be treated as revenue of Dehi Council.” 3. Amendment of Section 7, Act I of 1966.- In the said Act, is Section 7:- (a) in sub-section (1) the full stop at the end shall be omitted and thereafter the words “which may extend to five thousand rupees” shall be added; and (b) after sub-section (1), as amended aforesaid, the following new sub-section (1-A) shall be inserted, namely:- “(1-A) If the ejected person re-occupies the vacated Khalsa/Shamilat Land, he shall be punished with rigorous imprisonment which shall extend to three years and with fine which may extend to rupees five thousand.” 4. Repeal.- The Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh (Amendment) Ordinance, 1982 (Ordinance CXCIX of 1982) is hereby repealed.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law
507 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 11th December, 1982. No. 1850/LD/82. The following Ordinance made by the President on the 11th day of December, 1982, is hereby published for general information. (ORDINANCE CCLXIII OF 1982) AN ORDINANCE further to amend the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privilege) Act, 1975. WHEREAS it is necessary to amend the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privileges) Act, 1975 (Act XVIII of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which under it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privilege) (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have taken affect on and from the 1st day of July, 1981, except Sections 4 to 7 of this Ordinance which shall take effect from 1st day of July, 1982. 2. Amendment of Section 3, Act XVIII of 1975.- In the Azad Jammu and Kashmir Ministers (Salaries, Allowances and Privilege) Act, 1975 (Act XVIII of 1975) hereinafter referred as the said Code, in Section 3, for the words “Two thousand and five hundred” the words “Three thousand” shall be substituted. 3. Amendment of Section 4, Act XVIII of 1975.- In the said Act, in Section 4, for the words “one thousand and five hundred” the words “Three thousand” shall be substituted. 4. Amendment of Section 6, Act XVIII of 1975.- In the said Act in Section 6, in sub-section (2), for the words “Seven hundred and fifty” the words “One thousand and five hundred” shall be substituted. 508 Volume VII (1981 to 1984) 5. Amendment of Section 8, Act XVIII of 1975.- In the said Act, in Sections 8, in sub-section (1):- (a) for the words “Twenty thousand” the words “Forty thousand” shall be substituted; and (b) in sub-section (3) in clause (ii) for the figures “1500/-“ the figures “4000/-“ shall be substituted. 6. Amendment of Section 11, Act XVIII of 1975.- In the said Act, in Section 11, for the words “Seventy-five” the words “One hundred” shall be substituted. 7. Amendment of Section 15, Act XVIII of 1975.- In the said Act, in Section 15, in sub-section (2) for the words “Two thousand and five hundred” the words “Three thousand” shall be substituted. (Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Syed Atta Mohyuddin Qadri) Deputy Secretary Law
509 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 14th December, 1982. No. 1863/LD/82. The following Ordinance made by the President on the 12th day of December, 1982, is hereby published for general information. (ORDINANCE CCLXV OF 1982) AN ORDINANCE to adapt and enforce the West Pakistan Highways Ordinance 1959. WHEREAS it is expedient to adapt and enforce the West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the West Pakistan Highways Ordinance (Adaptation) Ordinance, 1982. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Ordinance.- The West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan, hereinafter referred to as the said Ordinance is hereby adapted in Azad Jammu and Kashmir and shall, as far as practicable, be enforced in Azad Jammu and Kashmir along with all amendments made in the said Ordinance and all rules made thereunder in Pakistan subject to the modifications that the expressions “Government”, “Provincial Government” or any other expression, however, worded referring to any executive Government, shall, as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and reference to West Pakistan or any part of Pakistan, shall be construed to refer to the Azad Jammu and Kashmir.
510 Volume VII (1981 to 1984) 3. Substitution of Section 6, Act VI of 1948.- In the said Ordinance for Section 6, the following shall be substituted, namely:- “6. Encroachments.- (1) Any person who sets up any fence, hedges, or raise a construction within the Highways limits specified by the Government for the respective Highways or Roads, by notification in the official Gazette within the earmarked areas for Highways without written permission of the Highways Authorities, shall be punished with fine which may extend to ten thousand rupees, and the Executive Engineer Highway concerned may without giving any notice, remove the offending structure, fence, hedges, post, deposit, goods, articles, stall or scaffolding and recover the cost from the defaulter. (2) The Executive Engineer, Highways concerned or any person empowered by him in this behalf, while removing the offending structure, fence, hedges, post, deposits, goods, articles, stalls or scaffoldings may use such force including Police force as may be necessary and may also recover the actual cost incurred thereof from the person responsible for the offending structure as arrears of Land revenue.” 4. Amendment of Section 8, Ordinance XXXII of 1959.- In the said Ordinance in sub-section (1) of Section 8, for clause (b) the following shall be substituted namely:- “b. to erect any building upon land within the specified limits from the middle of the Highway.” 5. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Ordinance or this to the Ordinance, the Government may from time to time, give such directions as may appear to it to be necessary for the purpose of removal of such difficulty. 6. Repeal.- The West Pakistan Highways Act, 1948 (Act VI of 1948) and the West Punjab Highways (Amendment) Ordinance, 1982 (Ordinance CCXLI of 1982) as in force in Azad Jammu and Kashmir are hereby repealed.
(Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
511 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 22nd December, 1982. No. 1895/LD/82. The following Ordinance made by the President on the 22nd day of December, 1982, is hereby published for general information. (ORDINANCE CCLXXI OF 1982) AN ORDINANCE to amend the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975. WHEREAS it is necessary to amend the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) (Amendment) Ordinance, 1982. (2) It shall come into force at once and shall be deemed to have taken affect on and from the 1st day of July, 1982. 2. Amendment of Section 8, Act XIX of 1975.- In the Azad Jammu and Kashmir President’s (Salaries, Allowances and Privileges) Act, 1975 (Act XIX of 1975), in Section 13, for the word “seventy-five” the words “one hundred” shall be substituted. (Muhammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
512 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 20th January, 1983. No. 83/LD/83. The following Ordinance made by the President on the 17th day of January, 1983, is herby published for general information:- (ORDINANCE XII of 1983) AN ORDINANCE to amend the Zakat and Usher Ordinance, 1982 WHEREAS it is expedient to amend the Zakat and Usher Ordinance, 1982 (Ordinance CCXXXI of 1982) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Usher (Amendment) Ordinance, 1983. (3) It shall come into force at once. 2. Amendment of Section 8, Ordinance CCXXXI of 1982.- In the Zakat and Usher Ordinance, 1982 (Ordinance CXXXI of 1982), in Section 8, in clause (b) for the first proviso, the following shall be substituted namely:- “Provided that the expenditure on the Zakat Council and the Administrative Organizations of the Chief Administrator and that of District and Tehsil Committees shall be met by the Government, and that on Local Zakat Committee not exceeding two percent of the total annual collection from the Zakat fund. Sd/-(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
513 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 26th January, 1983 No. 103/LD/83. The following Ordinance made by the President on the 2nd day of February, 1983, is hereby published for general information:- (ORDINANCE XVII OF 1983) AN ORDINANCE to amend the Azad Kashmir Mineral and Industrial Development Corporation Act, 1971 WHEREAS it is expedient to amend the Azad Kashmir Mineral and Industrial Development Corporation Act, 1971, (Act XVII 1971), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu Kashmir Mineral and Industrial Development Corporation (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 5, Act XVII of 1971.- In the Azad Jammu and Kashmir Mineral and Industrial Development Corporation Act, 1971, (Act XVII of 1971), in Section 5, Sub- section (1) of clause (b) for the words “five” the word “seven” shall be substituted. (Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
514 Volume VII (1981 to 1984)
515 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 31st January, 1983. No. 176/LD/83. The following Ordinance made by the President on the 29th day of the January, 1984, is herby published for general information:- (ORDINANCE XXIV of 1983) AN ORDINANCE to amend the Partnership Act, 1932. WHEREASE it is expedient to amend the Partner-Ship Act, 1932 (Act IX of 1932) for the purposes hereinafter appearing; AND WHERASE the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW THERFORE, in exercise of the powers conferred by sub- section (1) the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Partner-Ship (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 58, Act IX of 1932:- In the Partnership Act, 1932 (Act, IX of 1932) as adopted in the Azad Jammu and Kashmir, here in after referred to as the said Act, in Section 58, Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. (a) for subsection (3), the following shall be substituted, namely:- “(3) A firm name shall not contain any of the following words, namely:- “Government”, “Jinnah”, “Quaid-e-Azam”, or words expressing or implying the sanction, approval or patronage of the Government or the Quaid-e-Azam, except when the Government signifies its consent to the use of such words as part of the firm name by order in writing.” and (b) after sub-section (3-B) the following new sub-section shall be added, namely:-
516 Volume VII (1981 to 1984) (3-A) A firm shall not contain any word which may be declared by the Government, by notification in the official Gazette, to be undesirable; Provided that a firm which has a part of its name any word declared by the Government, to be undesirable shall, within one month of such declaration, alter its name and send a statement to this effect to the Registrar.” 3. Amendment of Section 71, Act IX of 1932.- In the said Act, in section 71, in sub-section, (1) in the proviso, for the full stop at the end a colon shall be substituted thereafter the following shall further provision be added, namely:- Provided further that the fee payable for any service which an application deemed on the same day on shicharn indication for the same is made may be double of the foresaid maximum fees.” 4. Constitution of Schedule 1, Act (IX of 1932).- In the said Act, for schedule -1, the following shall be substituted, namely:-
517 Volume VII (1981 to 1984) “SCHEDULE-I” MAXIMUM FEES See Sub-section (1) of Section 71 ------Document or act in respect of which the fee Maximum fees is payable. ------1 2 ------Statement under section 58 .. 50 Statement under section 60 .. 20 Intimation under section 61 .. 20 Intimation under section 62 .. 20 Notice under section 63 .. 20 Intimation under section 64 .. 20 Inspection of the Register of Firm under sub-section (1) of section 66 .. 5 Inspection of documents relating to a firm under Sub-section (2) of section 66 or any other document In the custody of the Registrar of firm. 5 Copies form the Register of Firm. 2 for each 100 ward part three.
(Muhammad Hayat Khan) President Azad Jammu & Kashmir
518 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 14th February, 1983 No. 235LD/83. The following Ordinance made by the President on the 14th day of February, 1983, is hereby published for general information:- (ORDINANCE XXXV OF 1983) AN ORDINANCE to amend the Azad Kashmir Mineral and Industrial Development Corporation Act, 1971 WHEREAS it is expedient to amend the Azad Kashmir Mineral and Industrial Development Corporation Act, 1971, (Act XVII 1971), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu Kashmir Mineral and Industrial Development Corporation (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 5, Act XVII of 1971.- In the Azad Jammu and Kashmir Mineral and Industrial Development Corporation Act, 1971, (Act XVII of 1971), in Section 5, Sub- section (1) of clause (b) for the words “five” the word “seven” shall be substituted. 3. Substitution of Section 25, Act XVII of 1971.- In the Azad Kashmir Mineral and Industrial Development Corporation Act, 1971 (Act XVII of 1971), for Section 25, the following shall be substituted, namely:- “25. Audit.- (1) The accounts of the Corporation shall be audited by the auditors who shall be Chartered Accountants appointed with the approval of the Government by the Corporation on such remuneration as it may deem fit, and the said remuneration shall be paid by the Corporation.
519 Volume VII (1981 to 1984) (2) Notwithstanding the audit provided for in sub-section (1), the Auditor General shall audit or cause to be audited the accounts of the Corporation. (3) The Auditor General shall also hold, or cause to be held, a test audit of the units managed by the Corporation and in the event of a test audit disclosing irregularities, the Auditor General may carry out, or cause to be carried out, such further audit, as he may consider necessary. (4) The Corporation and every such unit as is referred to in sub-section (3) shall produce the accounts, books and connected documents, at the place where they are normally expected to be available, and furnish such explanations and informations as the Auditor General or any Officer authorised by him in this behalf may require at the time of the Audit. (5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section (2) of section 4 and state in his report how far in his opinion these provisions have been complied with. (6) A statement of accounts of the Corporation and the report of the Auditor General on the said accounts together with the report of Auditor General on the accounts for the units referred to in sub-section (3), shall be furnished to Government by the Corporation at the close of the financial year”.
(Mohammad Hayat Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
520 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD.
Dated 2nd March, 1983. No. 335/LD/83. The following Ordinance made by the President on the 23rd day of February, 1983, is herby published for general information:- (ORDINANCE LV of 1983) AN ORDINANCE to adapt and enforce the Sales Tax Act, 1951 of Pakistan in Azad Jammu and Kashmir. WHEREAS it is expedient to adapt and enforce the Sales Tax Act, 1951 (Act III of 1951) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by it under sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Sales Tax (Adaptation) Ordinance 1983. (2) It extends to the whole of Azad Jammu and Kashmir (3) It shall come into force at once. 2. Adaptation of the Act.- (1) The sales Tax Act, 1951 (Act III of 1951) of Pakistan, hereinafter referred to as the said Act and all rules and notifications made or issued thereunder and inforce in Pakistan immediately before the commencement of this Ordinance, are adapted and shall, as far as practicable, be in force in Azad Jammu and Kashmir subject to the modification that the expression “Central Government” and “Central Board of Revenue” shall, as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and Azad Jammu and Kashmir Board of Revenue, respectively, and reference to “Pakistan” shall be construed to refer to Azad Jammu and Kashmir. 3. Removal of difficulties.- If any difficulty or question arises in giving effect to his provisions of the said, Act or this Ordinance,
521 Volume VII (1981 to 1984) the Government may, from time to time, give such directions as appear it to be necessary for the purpose of removal of such difficulty. (Abdul Rehman) President, Azad Jammu And Kashmir. ------Sd/- (Khalid Ahmed Qureshi) Secretary Law.
522 Volume VII (1981 to 1984)
523 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 10th May,1983. No. 647/LD/83. The following Ordinance made by the President on the 8th day of May, 1983, is hereby published for general information:- (ORDINANCE CVI of 1983) AN ORDINANCE to provide for law relating to the grant of proprietary rights to eligible persons settled in Tariqabad of tehsil and district Muzaffarabad. WHEREAS it is expedient to provide for law relating to the grant of proprietary rights to eligible persons settled in Tariqabad ward No. I, tehsil and district Muzaffarabad, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance;- 1. Short title and Commencement.- (1) This Ordinance may be called the Grant of Proprietary Rights (to the Eligible Settlers of Tariqabad, Muzafarabad) Ordinance, 1983. (2) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context. (a) “Allotment Committee” means a committee se up under Section 3; (b) “Appellate Authority” means an authority to be appointed under Section 7; (c) “Act” means Punjab Land Revenue Act, 1887, as inforce in Azad Jammu and Kashmir; (d) “Cost Price” means the price of plots of different sizes to be fixed under the rules; (e) “Deputy Commissioner” means Chief officer of the Revenue and General Administration of the District and includes a Collector of Revenue District;
524 Volume VII (1981 to 1984) (f) “Eligibility” means entitlement of a person for allotment/grant of proprietary rights in Tariqabad, Muzaffarabad, as may be prescribed; (g) “Ejectment” means ejectment of an un-authorized person not otherwise eligible for allotment or grant of proprietary Rights for the Land in Tariqabad; (h) “Government” means the Azad Government of the State of Jammu and Kashmir; 3. Setting up of Committee.- (1) The Government may set-up a Committee carrying out the purposes of the Ordinance. (2) The Committee shall consist of a Chairman and such other members not exceeding five in number as may be appointed by the Government. 4. Appointment of officers and servants.- The Committee may, with the perior sanction of the Government, appoint such officers and servants as it considers necessary for the efficient performance of its functions and responsibilities in connection with the allotment and matters connected therewith to any officer/servant of the Government serving in the District. 5. Meeting of the Committee.- (1) The committee shall ordinarily meet for the transaction of business at such place as may be determined by the Chairman. (2) The quorum necessary for the transaction of business shall be three members including Chairman. (3) Every meeting shall be presided over by the Chairman or in his absent by the person chosen by the members present from amongst themselves or a person authorised by the Chairman. (4) All questions which come before any meeting shall be decided by a majority of votes of the members present and in case of equality of votes, the presiding Officer shall have a casting vote. (5) Minutes of the proceedings of every meeting shall be recorded in book to be kept for the purpose which shall be signed by the person presiding at the meeting and also by other members present at that meeting. (6) The Chairman shall forward through Secretary Revenue to the Government a copy of the minutes of the proceedings of each meeting of the Committee within ten, days from the date of such meeting.
525 Volume VII (1981 to 1984) 6. Delegation of powers by the Committee.- The Committee may from time to time, by general or special order, delegate to the Chairman or to any member or to any officer of the Government, any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose. 7. Appointment and powers of Appellate Authority.- (1) The Government may appoint a person as the Appellate Authority for the purpose of this Ordinance. (2) Any person aggrieved by any order of the Committee or of any person to whom the powers of the Committee are delegated under Section 6 of this ordinance may within 30 days of the order, prefer an appeal to the Appellate Authority. (3) The Appellate Authority shall proceed to hear appeal in such manner as it think fit. 8. Jurisdiction.- Any notification issued, direction given and decision made or order passed by the Government, the Allotment Committee, Appellate Authority, or by any other competent authority under this Ordinance shall not be questionable in any Court of Law. 9. Powers and duties of the Committee.- (1) The Committee shall be competent to grant proprietary rights to the eligible persons settled in Tariqabad, Muzaffarabad in respect of the land in their possession irrespective of the fact, whether or not any construction has been raised thereon subject to the conditions that no proprietary rights shall be granted in respect of any person beyond the scale prescribed by the rules. (2) The proprietary rights shall be granted or, allotments made only to the eligible State Subjects of the Jammu and Kashmir State. (3) The Committee shall, determine by rules the manner of granting proprietary rights or making allotments as the case may be. (4) The rules may also provide for the maximum and minimum area of land to be allotted to an eligible person. (5) The Committee shall, subject to approval of the Government and under the rules, fix the price of plots of different sizes and the mode of making payments and may also impose any condition and place any restriction as may be considered necessary in the public interest.
526 Volume VII (1981 to 1984) The price of plot and development charges shall be fixed by the Committee with the approval of the Government from time to time. 10. Cancellation of allotment.- The Committee may, in case of default in the payment of sale price of plot or any installment thereof, cancel the allotment or make such order as may be prescribed. 11. Recovery of Arrears.- The All dues recoverable by the Committee from any person allottee on pursuance of the provisions of this Ordinance or any order made there under shall be recoverable as arrears of land revenue. 12. Committee to Control Construction.- The Committee shall have the power to control the construction of private buildings in accordance with the buildings regulations approved by the Government for the Municipal Limits of Muzaffarabad. 13. Punishment.- Whoever contravences any provision of this Ordinance or of any rule, regulation or order made thereudner shall be punishable with imprisonment which may extend to six months or fine of Rs. 1000/- or with both. 14. Cognizance of offence.- No court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by an officer authorised for the purpose by the Committee. 15. Power to make rules.- The Committee, with the previous sanction of the Government, may make rules for carrying out the purposes of this Ordinance. 16. Indemnity.- No suit, prosecution or other legal proceedings shall lie against any person in respect of any thing which is in good faith done or intended to be done under this Ordinance.
(Muhammad Hayat Khan) President, Azad Jammu and Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
527 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 12th May, 1983. No. 669/LD/83. The following Ordinance made by the President on the 10th day of May, 1983, is herby published for general information:- (ORDINANCE CX of 1983) AN ORDINANCE to give effect to the financial proposals of the Azad Jammu and Kashmir Government. WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Azad Government of the State of Jammu and Kashmir and to amend certain laws for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Finance Ordinance, 1983. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Amendment of the West Pakistan Entertainment Duty Act, 1958.- In the West Pakistan Entertainment Duty Act, 1958 (Act X of 1958) as adapted in Azad Jammu and Kashmir, hereinafter referred to as the said Act, in Section 3, for sub-section (1), the following shall be substituted, namely:- “(1) There shall be levied and paid to the Government on all payments for admission to any entertainment, ad duty, hereinafter referred to as the ‘entertainment duty’, at the rate of one hundred and fifty per cent of such payment including air- conditioning surcharge, if such payment exceeds one rupee; and at the rate of one hundred and twenty five per cent if such payment does not exceed one rupee;
528 Volume VII (1981 to 1984) “Provided that if the amount of duty at the aforementioned rates is not a multiple of five paisa, the amount of duty shall be rounded to the next higher multiple of five paisa; “Provided further that where the proprietor of an entertainment admits any person to any place of entertainment without any payment or on payment of an amount less than the amount normally charged for admission thereto, the entertainment duty shall nevertheless be levied and paid on the amount which would have been normally charged for admission to that place; “Provided further that where the entertainment is a stage drama, the duty shall be levied at the fifty per cent of the duty payable under this sub-section.” Explanation I.- In case there be different classes in connection with an entertainment, the phrase “place of entertainment means the class to which a person is admitted. Explanation II.- The fact that any such person as is mentioned in the proviso to this sub-section has been admitted to a class more advantageously placed for viewing the entertainment than the class to which the other making larger payments are admitted, may be taken into account for determining whether the payment made is not that normally charged.” 3. Amendment of Azad Jammu and Kashmir Finance Act, 1971 (Act VII of 1971).- In the said Act, sub-clause (b) of Section 2 shall be deleted. 4. Repeal.- The Azad Jammu and Kashmir Finance Ordinance, 1983 (Ordinance LIX of 1983) is hereby repealed.
(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir.
529 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 15th May, 1983. No. 679/LD/83. The following Ordinance made by the President on the 12th day of May, 1983, is herby published for general information:- (ORDINANCE CXI of 1983) AN ORDINANCE to amend the Zakat and Usher Ordinance, 1983. WHEREAS it is expedient to amend the Zakat and Usher Ordinance 1983, (Ordinance XLVI of 1983), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Usher (Amendment) Ordinance, 1983. (2) It shall come into force at once and shall be deemed to have taken effect on and from the 26th day of May, 1982. 2. Amendment of Section 8, Ordinance XLVI of 1983.- In the Zakat and Usher Ordinance, 1983 (Ordinance XLVI of 1983), hereinafter referred to as the said Ordinance, in Section 8, for the third proviso, the following shall be substituted, namely:- “Provided that the expenditure on the Zakat Council and the Administrative Organizations of the Zakat including District, Tehsil and Local Committees, shall be met from the two percent of the total annual collections in the Zakat Funds. Any additional requirement of the funds for this purpose shall be provided by the Government.” 3. Amendment of Section 12, Ordinance XLVI of 1983.- In the said Ordinance in Section 12, in sub-section (2), (a) in clause (b) for the word “four” the word “five” shall be substituted, and (b) after clause (e) the following new clause (ee) shall be inserted, namely:-
530 Volume VII (1981 to 1984) “(ee) The Secretary to the Government in the Local Government Department.” 4. Amendment of Section 13, Ordinance XLVI of 1983.- In the said Ordinance in Section 13, for sub-section (2) the following shall be substituted, namely:- “(2) The Chief Administrator shall have the status, grade and powers of the Financial Commissioner for the purposes of this Ordinance and other terms and conditions of service shall be such as may be determined by the Government.” 5. Amendment of Section 14, Ordinance XLVI of 1983.- In the said Ordinance, in Section 14, for sub-section (3) the following shall be substituted, namely:- “(3) The District Committee shall consist of a Chairman, who shall be non-official and shall be nominated by the Zakat Council, the Deputy Commissioner of the District, the District Qazi, one non-official member from each Tehsil in the District to be nominated by the Zakat Council in consultation with the Chairman and one member to be nominated by the District Council of the District from amongst its non-official Muslim members: Provided that where the number of Tehsils in a District is less than four, the number of members other than the Chairman, the Deputy Commissioner, the District Qazi and the member nominat by the District Council be raised to four: “Provided further that the Chairman shall be an adult Muslim who ordinarily resides in the District and the member from and tehsil, shall be an adult Muslim who ordinarily resides in that Tehsil.” 6. Amendment of Section 15, Ordinance XLVI of 1983.- In the said Ordinance, in Section 15.- (a) for sub-section (2) the following shall be substituted, namely:- “(2) The Tehsil Committee shall consist of the Assistant Commissioner, Tehsil Qazi, five members to be elected in the prescribed manner, by the Chairman of the Local committees as the Zakat Committees of the Tehsil, prescribed manner, by the Chairman of the Local Committees of the Tehsil, from amongst themselves and member to be nominate by the Tehsil Council of the Tehsil, from amongst its non-official Muslim members.”
531 Volume VII (1981 to 1984) “Provided that, in there are more than two Tehsil Committees within the jurisdiction of an Assistant Commissioner he shall be a member of only such of the Committees as the Zakat Council may specify and may nominated the Tehsildar of the Tehsil concerned, to be the member of any other of the said Tehsil Committees.” (b) after sub-section (2) the following new sub-section shall be inserted, namely:- “(3) The non-official members of the Committee shall elect one of their members to be the chairman of the Committee; and, if two or more persons secure an equal number of votes, the result of the election shall be determined by drawing lots.” 7. Amendment of Section 16, Ordinance XLVI of 1983.- In the said Ordinance, in Section 16,- (a) for the sub-section (3) the following shall be substituted namely:- “(3) The Local Committee shall consist of seven members selected by the residents of the locality in the manner specified in sub-section (4) and one member to be nominated by the Union Council in whose jurisdiction the locality is situated, from amongst its non-official Muslim Members, being a member who is a resident of a near-by locality. (b) in sub-section (4) for the words “given number of adult Muslims” the words “seven Muslims” shall be substituted; (c) after sub-section (4), the following proviso shall be added, namely:- “Provided that a person who is a member of a team constituted for the selection of members of a local committee shall not be eligible to be a member of such local committee and a person who is a salaried employee of the Government of a Local Authority or of a Corporation set-up, owned or controlled by the Government shall not be eligible to be a members of a local committee. (d) after sub-section (4), amended as aforesaid, the following new sub-section (4-A) shall be inserted, namely:- “(4-A) if, at the time of selection, any Adult Muslim resident of the locality present in the gathering raises objection with respect to another person so present that such other person:- (a) is not a Muslim; 532 Volume VII (1981 to 1984) (b) is not an Adult; (c) is not a resident of the locality; (d) is an undicharged insolvent, or (e) is of unsound mind; or, being a person proposed to be selected as a member of the local committee, sufferes from any of the said disqualifications, or has, during the period of three years preceding the date of selection, been ordered to execute a bond under section 108, 109 or 110 of the Code of Criminal Procedure, 1898, (Act V of 1898), or been convicted for an offence involving moral turpitude, or been declared a goonda under the law relating to the control of Goondas the team of persons organizing the gathering shall make a summary inquiry and give a decision on the objection raised; and, in case the members of the term are equally divided in their opinion, the member of the team nominated by the District Committee to be its Convener shall have a second vote.” 8. Amendment of Section 19, Ordinance XLVI of 1983.- In the said Ordinance, in Section 19, for clauses (a) (b) and (c) the following shall be substituted, namely:- “(a) in the case of a Council, by the Chief Administrator; (b) in the case of a District Committee, by the Deputy Commissioner, (c) in the case of a Tehsil Committee, by the ex-officio member, that is the Assistant Commissioner, sub- Divisional Magistrate or the Tehsildar as the case may be, and (d) in the case of a Local Committee, by the member elected by the members present.” 9. General Amendment of Ordinance XLVI of 1983.- In the said Ordinance for the words “Markaz Committee” where-ever occurring the words “Tehsil Committee” shall be substituted.
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
533 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 19th May, 1983. No. 692/LD/83. The following Ordinance made by the President on the 19th day of May, 1983, is herby published for general information:- (ORDINANCE CXIII of 1983) AN ORDINANCE to amend the Zakat and Usher Ordinance, 1983. WHEREAS it is expedient to amend the Zakat and Usher Ordinance 1983, (Ordinance XLVI of 1983), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Zakat and Usher (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 8, Ordinance XLVI of 1983.- In the Zakat and Usher Ordinance, 1983 (Ordinance XLVI of 1983), hereinafter referred to as the said Ordinance, in Section 8, in clause (b) for the first proviso, the following shall be substituted and shall be deemed to have taken effect on and from the 17th day of January, 1983. “Provided that the expenditure on the Zakat Council and the Administrative organization of the Chief Administrator the Administrator and that of District and Teshil Committees shall be met by the Government and that on Local Zakat Committees not exceeding two percent persons of the total annual collections, from the Zakat fund.” 3. Amendment of Section 12, Ordinance XLVI of 1983.- In the said Ordinance in Section 12, for sub-section (3), the following shall be substituted, namely:- “(3) The Chairman of the Council shall be a person who is, or has been a Chief Justice or Judge of the Supreme Court or High Court, to be nominated by the President.” 534 Volume VII (1981 to 1984) 4. Amendment of Section 13, Ordinance XLVI of 1983.- In the said Ordinance in Section 13, in sub-section (2) the words and comma “status, and” shall be deleted. 5. Amendment of Section 19, Ordinance XLVI of 1983.- In the said Ordinance in Section 19, in clause (a), for the words “by the “Chief Administrator” the words by a member to be nominated by the Chairman” shall be substituted.
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
535 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD.
Dated 23rd June, 1983. No. 860/LD/83. The following Ordinance made by the President on the 23rd day of June, 1983, is herby published for general information:- (ORDINANCE CXLVIII of 1983) AN ORDINANCE to adapt and enforce the Sales Tax Act, 1951 of Pakistan in Azad Jammu and Kashmir. WHEREAS it is expedient to adapt and enforce the Sales Tax Act, 1951 (Act III of 1951) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by it sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Sales Tax (Adaptation) Ordinance, 1989.- (2) It is extends to the whole of Azad Jammu and Kashmir. (3) It shall com into force at once. 2. Adaptation of the Act.- (1) The Sales Tax Act, 1951 (Act III of 1951) of Pakistan, hereinafter referred to as the said Act and all rules and notifications made or issued thereunder and in force in Pakistan immediately before the commencement of this Ordinance, are adapted and shall, as far as practicable, be in force in Azad Jammu and Kashmir subject to the modification that the expression “Central Government” and “Central Board of Revenue” shall, as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and Azad Jammu and Kashmir Board of Revenue, respectively, and reference to “Pakistan” shall be construed to refer to Azad Jammu and Kashmir. 3. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Act or this Ordinance,
536 Volume VII (1981 to 1984) the Government may, from time to time, give such directions as appear it to be necessary for the purpose of removal of such difficulty. Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
537 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 6th July, 1983. No. 892/LD/83. The following Ordinance made by the President on the 13th day of July, 1983, is herby published for general information:- (ORDINANCE CLIV of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CXLVII of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1983. (2) It shall com into force at once. 2. Amendment of Section 23, Ordinance CXLVII of 1983.- In the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CXLVII of 1983) in Section 23, after sub- section (1) the following proviso shall be added, namely:- “Provided that on the expiry of the term of office of a local council, Government may extend its terms of office for a period not exceeding six months or appoint any person for the like period to perform such function of the local council as may be specified.”
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law.
538 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 3rd August, 1983. No. 987/LD/83. The following Ordinance made by the President on the 3rd day of August, 1983, is herby published for general information:- (ORDINANCE CLXXII of 1983) AN ORDINANCE to amend the Distressed Persons Relief Ordinance, 1983. WHEREAS it is necessary to amend the Distressed Persons Relief Ordinance, 1983 (Ordinance CLXIX of 1983) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Distressed Persons Relief (Amendment) Ordinance, 1983. (2) It shall come into force at once and shall be deemed to have been taken effect on and from 1st day of April 1983. 2. Addition of Section 7-A, Ordinance CLXIX of 1983.- In the Azad Jammu and Kashmir Distressed Persons Relief Ordinance, 1983 (Ordinance CLXIX of 1983; after Section 7, the following new Section 7-A shall be inserted, namely. “7-A. Power of President to Grant Relief.- (1) Notwithstanding anything contained in clause (b) of Section 2and Section 6 of this Ordinance or any other law for the time being inforce, the president may order one time grant of a sum not exceeding Rupees twenty thousand only in case of a calamity to be placed at the disposal of District authorities for providing immediate relief in collective cases for provision of food, shelter, clothing, medicine and other necessary relief from the relief fund. The District officer sub sequiently, within a period of three months, render an account of this amount to Accountant General, Azad Jammu and Kashmir, for verification and Audit.
539 Volume VII (1981 to 1984) (1) In case of physical incapacitation of a persons as defined in Section 2 (b)(i), the President may in exceptional not exceeding rupees two thousand and five hundred as immediate relief. (2) In case of death of a person, as defined in Section 2(b)(ii), the President may in exceptional cases order for payment of cash compensation not exceeding rupees five thousand as immediate relief.”
(Muhammad Hayat Kahn) President, Azad Jammu And Kashmir. ------Sd/- (Syed Atta Mohyudin Qadri) Deputy Secretary Law.
540 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 6th August, 1983. No. 991/LD/83. The following Ordinance made by the President on the 4th day of August, 1983, is herby published for general information:- (ORDINANCE CLXXIII of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1983. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1983 (Ordinance CI of 1983), in the manner herein after appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) (Amendment) Ordinance, 1983. (2) It shall come into force at once and shall be deemed to have taken effect on and from the 22nd day of February, 1980. 2. Amendment of Section 2, Ordinance CI of 1983.- In the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1983 (Ordinance CI of 1983), hereinafter referred to as the said Ordinance, in Section 2, for clause (b) the following shall be substituted, namely.- “(b) ‘Development schemes’ means any public welfare scheme including water supply, roads, public buildings, electric installations and land used for industrial purposes or any other similar purpose specified by the official Development Agency.”
541 Volume VII (1981 to 1984) 3. Amendment of Section 7, Ordinance CI of 1983.- In the said Ordinance, in Section 7, for the first proviso the following shall be substituted, namely:- “Provided that the maximum rate of compensation so determined in the notified Master Plan Areas for Housing Schemes and Development Schemes by the Collector shall not exceed rupees twenty thousand per kanal in the District Headquarters of Mazafarabad, Rawalakot, Mirpur, and Kotli rupees ten thousand per kanal in Tehsil Headquarters and five thousand per kanal in other areas.”
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Syed Atta Mohyudin Qadri) Deputy Secretary Law. Law & Parliamentary Affairs.
542 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 7th August, 1983. No. 995/LD/83. The following Ordinance made by the President on the 7th day of August, 1983, is herby published for general information:- (ORDINANCE CLXXIV of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’ Act, 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Samilat-Deh (Amendment) Ordinance, 1983. (2) It shall com into force at once. 2. Amendment of Section 4, Act I of 1966.- In the Azad Jammu and Kashmir grant of Khalsa Waste Land Act, 1966 (Act I of 1966 ) hereinafter referred to as the said Act, in Section 4, after sub-section (3), for the full stop, a colon shall be substituted, and therafter the following proviso shall be added, namely.- “Provided that where such land is to be given as “Shamilat-Deh” to Dehi Council to be managed by it as community Forest, the condition of twenty four or more state trees per acre shall not apply:” “Provided further that till such time as the Dehi Council is in a position to take over management of community forests, the Forest Department shall manage and develop on its behalf. The provisions of the Jammu and Kashmir Forest Regulations 1930 and rules made thereunder shall apply to these forests. The expenditure incurred on management and development thereof
543 Volume VII (1981 to 1984) shall be deducted and the net income shall be treated as revenue of Dehi Council.” 3. Amendment of Section 7, Act 1 of 1966.- In the said Act, in Section 7.- (a) In sub-section (1) the full stop at the end shall be omitted and thereafter the words “Which may extend to five thousand rupees.” Shall be added; and (b) after sub-section (1), as amended aforesaid, the following new section (1-A) shall be inserted, namely:- “(1-A). If the ejected person re-occupies the vacated Khalsa/Shamilat Land, he shall be punished with rigorous imprisonment which shall extend to three years and with fine which may extend to rupees five thousand.”
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Syed Atta Mohyudin Qadri) Deputy Secretary Law. Azad Govt. of the State of J & K Muzaffarabad (A.K.)
544 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 17th August, 1983. No. /LD/83. The following Ordinance made by the President on the 17th day of August, 1983, is hereby published for general information:- (ORDINANCE CLXXIX of 1983) AN ORDINANCE to amend the council of Islamic Ideology (Constitution) Ordinance, 1983. WHEREAS it is expedient to amend the Council of Islamic Ideology (Constitution) Ordinance, 1983 (Ordinance CXXVII of 1983) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Council of Islamic Ideology (Constitution) (Amendment) Ordinance, 1983. (2) It shall com into force at once. 2. Amendment of Section 3, Ordinance CXXVII of 1983 .- In the Council of Islamic Ideology (Constitution) Ordinance, 1983 (Ordinance CXXVII of 1983), in Section 3, in sub-section (5) for the proviso, the following shall be substituted, namely:- “Provided that the President may re-appoint a member or Chairman for such a period as he may been fit.”
Sd/ (Major General (Ret) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Syed Atta Mohyudin Qadri) Deputy Secretary Law.
545 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated 21st August, 1983. No. 1090/LD/83. The following Ordinance made by the President on the 21st day of August, 1983, is herby published for general information:- (ORDINANCE CLXXXIV of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges Act, 1975 WHEREAS it is necessary to amend the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges) Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement,- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges) (Amendment) Ordinance, 1983. (2) It shall com into force at once. 2. Amendment of Section 17,Act XIX of 1975.- In the Azad Jammu and Kashmir President’s Salary Allowances and Privileges Act, 1975 (Act XIX of 1975), in Section 17, for the clause (b), the following shall be substituted, namely:- (b) to import any American Car except Candilace and Lincoln or equivale Mercedes 280 SEL or equivalent, free of custom duties and Sales Tax Free personal use during the tenure of his office; Provided that at the time of sale of cars imported under this facility shall be paid at the following rates. (i) Within two years of import : Full duty (ii) After two years of import : 60% duty (iii) After three years of import : 45% duty 546 Volume VII (1981 to 1984) (iv) After four years of import : 25% duty (v) After five years of import : No duty
Sd/ (Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Syed Atta Mohyudin Qadri) Deputy Secretary Law. Azad Govt. of the State of Jammu & Kashmir Muzaffarabad.
547 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 22nd August, 1983. No. 1095/LD/83. The following Ordinance made by the President on the 22nd day of August, 1983, is herby published for general information:- (ORDINANCE CLXXXV of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges) Act, 1975 WHEREAS it is necessary to amend the Azad Jammu and Kashmir President’s (Salary allowances and Privileges) Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges) (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 13, Act XIX of 1975.- In the Azad Jammu and Kashmir President’s Salary Allowances and Privileges Act, 1975 (Act XIX of 1975), in Section 13, for the words “seventy five” the words “one hundred” shall be substituted. 3. Amendment of Section 17, Act XIX of 1975.- In said Act, in Section 17, for clause (b) the following shall be substituted, namely:- (b) to import any American Car except Cadillac and Lincoln or equivalent or Mercedes 280 SEL or equivalent, free of custom duties and Sales Tax for his personal use during the tenure of his office; Provided that at the time of sale of cars imported under this facility, duty shall be paid at the following rates:- (i) Within two years of import : Full duty
548 Volume VII (1981 to 1984) (ii) After two years of import: 60% duty (iii) After three years of import 45% duty (iv) After four years of import 25% duty (v) After five years of import No duty 4. Repeal.- The Azad Jammu and Kashmir President’s Salary, allowances and Privileges (Amendment) Ordinance, 1983 (Ordinance CLXXXIV of 1983) is hereby repealed.
Sd/ (Major General (Retd) Abdul Rehman Khan) President, Azad Jammu and Kashmir. Sd/- (Raja Bashir Ahmed Khan) Joint Secretary Law. Law & Parliamentary Affairs.
549 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated the 3rd September, 1983. No. 1169/LD/83. The following Ordinance made by the President on the 3rd day of September, 1983, is hereby published for general information:- (ORDINANCE CXCVI of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CXLVII of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 10, Ordinance CXLVII of 1983.- In the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CXLVII of 1983), hereinafter called the said Ordinance in Section 10, for sub-section (4), the following shall be substituted, namely:- “(4) The non-official members of the District Council shall be elected directly, one member from each union council upto the population of 10,000 and where population exceeds 10,000 there shall be an additional member: Provided that the number of members shall not exceed two in any case in each union council. 3. Amendment of Section 17, Ordinance CXLVII of 1983.- In the said Ordinance, in section 17.-
550 Volume VII (1981 to 1984) (a) in sub-section (1) for clause (b), (c) and (d) the following shall be substituted, namely:- (b) District Council.- Each union council would be a ward and the number of members would be as fixed by the Government. (c) Town Committee.- Would have single member ward as far as possible or multi-member ward or both as may be fixed by the Government. (d) Muncipal Committee.- Would have such number of single member want as far as possible or a multi- member ward or both may be fixed by the Government. (b) for sub-section (2) the following shall be substituted, namely:- “(2) The Government or the Election Commissioner may declare any area or ward of a Local Council to be a single or multi-member ward, as the case may be”. 4. Amendment of Section 19, Ordinance CXLVII of 1983.- In the said Ordinance for section 19, the following shall be substituted, namely:- “19. Right of vote.- Every person enrolled as a voter on the electoral roll shall have the right of vote; “Provided that if a person is enrolled more than once in the electoral roll of the same electoral units or on the electoral rolls of more than one electoral units he shall be eligible to vote in one electoral unit only,” 5. Amendment of Section 23, Ordinance CXLVII of 1983.- In the said Ordinance in Section 23.- (a) after the proviso of sub-section (1) the following further proviso shall be added namely:- “Provided further that the Government may dissolve the local council at any time before the expiry of its term.” (b) after sub-section (3) the following shall be added namely:- “(4) A local council may allow such honorarium, allowance or remuneration to its chairman as may be fixed by the Government.” 6. Amendment of Section 24, Ordinance CXLVII of 1983.- In the said ordinance in Section 24, for the figures “120” the figure “90” shall be substituted.
551 Volume VII (1981 to 1984) “24. Casual vacancy.- (1) If the seat of an elected member becomes vacant during the term of office of a local council, a new member shall be elected within ninety days from the date of the seat falls vacant or within such longer period as the Election Commissioner may by notification in the official Gazette, specify in special cases and such member shall hold office for the remaining term. (2) If the seat of the Chairman or Vice Chairman becomes vacant during the term of office of a local council, the new Chairman or Vice Chairman shall be elected within thirty days from the date the seat falls vacant and such Chairman or Vice Chairman shall hold office for the remaining term: Provided that if the vacancy in the office of a member occurs within four months before the expiry of the term of a local council, the vacancy shall not be filled. 7. Amendment of Section 25 Ordinance CXLVII of 1983.- In the said Ordinance, in Section 25, after sub-section (3), the following shall be inserted, namely:- “(3-A) A Chairman or a Vice Chairman shall vacate office if a vote of no-confidence is passed against him in the manner prescribed by two third majority of the total member of members of the local council electing him. (3-B) A motion of no-confidence against the Chairman or Vice-Chairman shall not be moved before the expiry of nine months from the date of assumption of the office and a second or subsequent motion shall not be moved except with an interval of nine months between the first and second motion or any two subsequent motions. (3-C) A motion of no-confidence shall not be competent after the expiry of thirty days beyond every interval of nine months provided under sub-section (3-B) in such a situation it shall be deemed to have been moved and rejected for the purposes of sub-section (3-B). (3-D) When a Chairman, a Vice Chairman is removed from office, he shall not during the un-expired period of the term of office be eligible for re-election to the said office of any local council.” 8. Amendment of Second Schedule Ordinance CXLVII of 1983.- In the said Ordinance, in the Second Schedule, in Part II, in article 4,-
552 Volume VII (1981 to 1984) (a) clause (e) shall be deleted; (b) in clause (j) for the word “Five” the word “three” shall be substituted; and (c) for clause (m) the following shall be substituted, namely:- “(m) if he has been convicted by a court of competent jurisdiction for an offence under section 181 or 182 of A.P.C., unless a period of three years has elapsed from the termination of such sentence.”
Sd/ (Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law.
553 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 4th October, 1983. No. 1287/LD/83. The following Ordinance made by the President on the 3rd day of October, 1983, is herby published for general information:- (ORDINANCE CCXVIII of 1983) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898 WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 22, Act V of 1898.- In the Code of Criminal Procedure, 1898, (Act V of 1898) for Section 22, the following shall be substituted, namely:- “22. Appointment of Justice of Peace.- The Azad Government of the State of Jammu and Kashmir may, by notification in the official Gazette, appoint for such rules as may be made by it any person who is a citizen of Azad Jammu and Kashmir and as to whose integrity it is satisfied to be a Justice of the Peace for a local area to be specified in the notification, and more than one Justice of the Peace may be appointed for the same local area. “22-A. Powers of Justice of the Peace. (1) A justice of the Peace for any local area shall, for the purpose of making as arrest, have within such area all the Powers of a Police Officer referred to in section 64 and an officer-in-charge of a Police station referred to in section 55. (2) A Justice of the Peace making an arrest in exercise of any powers under sub-section (1) shall, forthwith take or 554 Volume VII (1981 to 1984) cause to be taken the person arrested before the officer- in-charge of the nearest Police-station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon re-arrest the person. (3) A Justice of the Peace for any local area shall have Powers such area, to call upon any member of the police force on duty to aid him:- (a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; and (b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or a disturbance of the public tranquility. (4) Where a member of the police force on duty has been called upon to render aid under sub-section (3) such call shall be deemed to have been made by a competent authority. (5) A justice of the peace for any local area may, in accordance with such rules as may be made by the Government.- (a) issue a certificate as to the identity of any person residing within such area, or (b) verify any document brought before him by any such person; or (c) attest any such document required by or under any law for the time being in force, to be attested by a Magistrate; (d) and until the countrary is proved, any certificate so issued shall be presumend to be correct and any documents so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate. 22-B. Duties of Justice of the Peace.- Subject to such reles as may be made by the Government, every justice of the Peace for any local area shall,- (a) on receipt of information of the occurance of any incident involving a brach of the peace, or of the commission of any offence within such local area, forthwith make inquires into the matter and report in 555 Volume VII (1981 to 1984) writing the result of his inquiries to the nearest Magistrate and to officier in charge of the nearest Police- station; (b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of any thing from, or the interference in any way with, the place of occurance of the offence; (c) when so required in writing by a police officer making an investigation unde Chapter XIV in respect of any offence commiteed within such local area. (i) render all assistance to the Police-officer in making such an investigation; (ii) record of any statement made under expectation of death by person in respect of whom a crime is believed to have been committee.
(Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Syed Atta Mohy-ud-Din Qadri) Deputy Secretary Law.
556 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 5th October, 1983. No. 1297/LD/83. The following Ordinance made by the President on the 3rd day of October, 1983, is hereby published for general information:- (ORDINANCE CCXX of 1983) AN ORDINANCE to amend the Zakat and Usher Ordinance, 1983. WHEREAS it is expedient to amend the Zakat and Usher Ordinance, 1983 (Ordinance CXLIV of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.(1) This Ordinance may be called the Zakat and Ushar (Amendment) Ordinance 1983. (2) It shall come into force at once. 2. Amendment of Section 14, Ordinance CXLIV of 1983.- In the Zakat and Usher Ordinance, 1983 (Ordinance- CXLIV of 1983) hereinafter referred to as the said Ordinance, in sub-section (3) of Section 14,- (a) the words “and one member to be nominated by the District Council of the district from amongst its non- official Muslim members,” shall be omitted; (b) in the first proviso for the commas and words “the Deputy Commissioner, the District Qazi and the member nominated by the District Council” the words the Deputy Commissioner and District Qazi” shall be substituted. 3. Amendment of Section 15, Ordinance CXLIV of 1983.- In the said Ordinance Sub-section (2) of Section 15, the words and commas “and one member to be nominated by the Council of the Tehsil, from amongst its non-official Muslim member be omitted. 4. Amendment of Section 16, Ordinance CXLIV of 1983.- In the said Ordinance in Section 16,-
557 Volume VII (1981 to 1984) (b) in sub-section (4).- (i) for the word “two or more members” the words and commas or more persons, including at least one gazetted officer, one aaliance and one member of District committee” shall be substituted: (ii) after the word “who” the word “are known to be pious and not in political activity and who” shall be inserted; (iii) in the proviso, after the word “Local authority” the words “other” than as a ‘Pesh Imamm’ of a mosque or a teacher of a local School be inserted and for the full stop at the end a colon shall be substituted; (iv) after the proviso, amended as aforesaid, the following further proviso shall be added, namely:- “Provided further that where in a district the member of Local Government is so large that the members of the District Committee cannot be put on teams constituted for the selection of members of local committees in the Deputy district committee, may, at its discretion nominate any other non person of the District to re-present it on the said team.” (c) explanation after the proviso shall be omitted; (d) in sub-section (5), after the words and comma “disqualification,” the a and commas or is not known to be pious, or is known to be engaged political activity” shall be inserted. (e) in sub-section (6).- (i) for the words “preferably a person who is literate” the words “be person who is literate and who offers prayers five times a day regularly and observes the fast throughout Razman-ul- Mubarak accorded to the injunctions of Islam” shall be substituted; and (ii) for the full stop at the end a colon shall be substituted and there the following proviso shall be added, namely:- Provided that the condition of the Chairman being literate may be ….in a locality where no literate, pious and practicing Muslim is available.
558 Volume VII (1981 to 1984) 5. Amendment of Section 20, Ordinance CXLIV of 1983.- In the said Ordinance in Section 20.- (a) in the heading, after the words “Local Committee” at the end, the words “or a Local Committee as a whole” shall be added; (b) for sub-section (2) the following shall be substituted, namely:- “(2) Where in case of a member of a Local Committee” at the end, the word Committee as a whole, the District Committee, after such enquiry as it deem fit, is of the opinion that the adult Muslim residents of the location longer have confidence in the member, or in the committee as a whole District Committee may, in the prescribed manner, remove the member from his office or dissolve the Committee as a whole; and (c) in sub-section (3), after the word “member” the words “or members be inserted. 6. Amendment of Section 21, Ordinance CXLIV of 1983.- In the said Ordinance in Section 21,- (1) in sub-section 1),- (i) in clause (d) after the full stop at the end the word “or” shall be added; and amend as aforesaid the following new clause shall be inserted, namely:- “(e) has a majority of members who are not pious Muslims or who are engaged in political activity, (ii) in sub-clause V after the semi colon at the end, the word “or” shall be added; and (iii) after sub-section (v), amended as aforesaid, the following new sub-clause shall be added; namely:- (iv) engaged in political activity” ; and (b) in clause (c), for the brackets, figures, comma and word” (iv), (v) or (vi)” shall be omitted.
Sd/ (Major General (Retd) Abdul Rehman Khan) President, Azad Jammu and Kashmir. Sd/- (Syed Atta Mohy-ud-Din Qadri) Deputy Secretary Law.
559 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 19th October, 1983 No. 1362/LD/83. The following Ordinance made by the President on the 15th day of October, 1983, is hereby published for general information:- (ORDINANCE CCXXXI of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir President’s (Salary Allowances and Privileges) Act, 1975 WHEREAS it is necessary to amend the Azad Jammu and Kashmir Presidents Salary, Allowances and Privileges Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s Salary, Allowances and Privileges (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 8, Act XIX of 1975.- In the Azad Jammu and Kashmir Presidents Salary, Allowances and Privileges Act, 1975 (Act XIX of 1975), in Section 8, for the words “thirty thousand” the words “fifty six thousand” shall be substituted. Sd/-(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir.
560 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 20th October, 1983. No. 1370/LD/83. The following Ordinance made by the President on the 20th day of October, 1983, is hereby published for general information:- (ORDINANCE CCXXXII of 1983) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898 WHEREAS it is necessary to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 22, Act V of 1898.- In the Code of Criminal Procedure, 1898, (Act V of 1898) as inforce in Azad Jammu and Kashmir hereinafter referred to as the said Code for Section 22, the following shall be substituted, namely:- “22. Appointment of Justice of the Peace.- The Azad Government of the State of Jammu and Kashmir may, by notification in the official Gazette, appoint for such period as may be specified in the notification, and subject to such rules as may be made by it any person who is a citizen of Azad Jammu and Kashmir and as to whose integrity it is satisfied to be a Justice of the Peace for a local area to be specified in the notification, and more than one Justice of Peace may be appointed for the same local area. “22-A, Powers of Justice of the Peace.- (1) A Justice of the Peace for any local area shall, for the purpose of making an arrest, have within such area all the Powers of a Police officer referred to in Section 64 and an officer-in-charge of a police station referred to in Section 55.
561 Volume VII (1981 to 1984) (2) A justice of peace making an arrest in exercise of any powers under sub-section (1) shall, forthwith take or cause to be taken and furnish such officer in charge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon re- arrest the person. (3) A Justice of the Peace for any local area shall have Powers within such area, to call upon any member of the Police force on duty to aid him:- (a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a responsible complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; and (b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or disturbance of the public tranquility. (4) Where a member of the police force on duty has been called upon to render aid under subsection (3) such call shall be deemed to have been made by a competent authority. (5) A Justice of the Peace for any local area may, in accordance with such rules as may be made by the Government.- (a) issue a certificate as to the identity of any person residing within such rules area, or (b) verify any document brought before him by any such person; or (c) attest any such document required by or under any law for the time being in force; to be attested by a Magistrate; and until the contrary is proved, any ‘certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been as fully attested as if he had been a Magistrate. 22-B. Duties of Justice of the Peace.- Subject to such rules as may be made by the Government, every Justice of the Peace for any local area shall;- 562 Volume VII (1981 to 1984) (a) on receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission of any offence within such local area, forthwith make inquires into the mater and report in writing the result of his inquires to the nearest Magistrate and to officer in charge of the nearest Police- Station; (b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of any thing from or the interference in any way with, the place of occurrence of the offence; (c) when so required in writing by a police-officer making an investigation under Chapter XIV in respect of any offence committed within such local area, (i) render all assistance to the Police-officer in making such an investigation; (ii) record any statement made under expectation of death by person in respect of whom a crime is believed to have been committed. 3. Insertion of new Section 382-A, 382-B, and 282-C, Act, V of 1898. In the said Code, after section 382, the following new Section 382-A, 382-B and 382-C shall be inserted. “382-A. Postponement of execution of sentences of imprisonment under Section 476; or for a period of less than one year.- Notwithstanding anything contained in Section 383 or 391, where the accused- (a) is awarded any sentenced in of imprisonment under Section 476; or (b) is sentenced in cases other than those provided for in Section 381, to imprisonment whether with or without fine or whipping, for a period of less than one year. “The sentence shall not, if the accused furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, be executed, until the expiry of the period prescribed for making an appeal against such sentence or, if an appeal is made within that time, until the sentence of imprisonment is confirmed by the Appellate Court; but the sentence shall be executed as soon as practicable after the expiry of the period prescribed for making an appeal, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence.”
563 Volume VII (1981 to 1984) “382-B.Period of detention to be considered, while awarding sentence of imprisonment.- Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it shall take into consideration the period of any, during which such accused was detained in custody for such offence.” “382-C. Scandalous or false and frivolous pleas to be considered in passing sentence.- In passing a sentence on an accused for any offence, a Court may take into consideration any scandalous or false and frivolous plea taken in defence by him or on his behalf.” 4. Amendment of Section 510, Act V of 1898.- In the said Code, for Section 510, the following shall be substituted, namely:- “510. Report of Chemical Examiner, Serologist etc.- Any document purporting to be a report, under the hand of any Chemical Examiner to any serologist, finger print expert or fire- arm expert appointed by Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any inquiry, trial or other proceeding under this Code “Provided that the Court may, if it considers necessary in the interest of justice, summon and examine the person by whom such report has been made.” 5. Amendment of Schedule II, Act, V of 1898.- In the said Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule II, after the entries relating to Section 298, the following entries shall be inserted, namely:- 1 2 3 4 5 6 7 8 298- Use of May Ditto Ditto Not compou- Imprison- Ditto A derogatory arrest ndable ment of remarks etc in without either respect of warrant. description holy of three personsages. years, or fine or both. 1. Amendment of Second Schedule, Act V of 1898.- In the Code of Criminal Procedure, 1898, (Act V of 1898), in scheduele for the heading offences other laws and the entries relating to Section 298 thereunder the following entries shall be inserted namely:- (Abdul Rehman Khan) Azad Jammu And Kashmir Sd/- (Khalil Ahmed Qureshi) Secretary Law.
564 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 21st October, 1983 No. 1399/LD/83. The following Ordinance made by the President on the 20th day of October, 1983, is hereby published for general information:- (ORDINANCE CXXXIX of 1983) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898. WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 488 and 489, Act V of 1898.- In the Code of Criminal Procedure, 1898, (Act V of 1898), as the force in Azad Jammu and Kashmir, in sub-section (1) of Section 488 and 489, for the words “one hundred” the words “four hundred: shall at both places be substituted.
Sd/-(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law.
565 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 2nd November, 1983 No. 1462/LD/83. The following Ordinance made by the President on the 31st day of November, 1983, is hereby published for general information:- (ORDINANCE CCLI of 1983) AN ORDINANCE to amend the Superior Courts (Court Dress and Mode of Address) Ordinance 1983. WHEREAS it is expedient to amend the Superior Court (Court Dress and Mode of Address) Ordinance 1983 (Ordinance CLXXXVII of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Superior Courts (Court Dress and Mode of Address) (Amendment) Ordinance 1983. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance CLXXXVII of 1983.- In the Superior Court (Court Dress and Mode of Address ( Ordinance, 1983 (Ordinance CLXXXVII of 1983) for Section 3, the following shall be substituted, namely:- 3. A Judge of a Superior Court shall wear, while he is attending sittings of the Court, a black sherwani without bands white shirt, white shelwar or pyijama or a short coat of black material, White, shirt, with turn-down dolor and black tie white trousers, in the Summer, and in the Winter, trousers of material in the deeper shades of a gray and a black gown.”
Sd/-(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law.
566 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 2nd November, 1983. No. 1466/LD/83. The following Ordinance made by the President on the 31st day of October, 1983, is herby published for general information:- (ORDINANCE CCLII of 1983) AN ORDINANCE further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976. WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Civil Servants Act (Amendment) Ordinance, 1983. (2) It shall come into force at once. 2. Amendment of Section 12, Act VI of 1976.- In the Azad Jammu and Kashmir Civil Servants Act, 1976, (Act VI of 1976), for the existing section 12, the following shall be substituted.- “12, Retirement from service.- A civil servant shall retire from service:- In case of a person holding a post equivalent to the post of Additional Secretary to Government of Pakistan or a higher post, on such date as the competent authority, may in the public interest direct; (ii) In any other case, on such date after he has completed twenty five years of service qualifying for pension or other retirement benefits, as the competent authority may, in the public interest, direct ; or (iii) where no direction is given under clause (i) or clause (ii), on the completion of Sixtieth year of his age. Explanation.- In this section “competent authority” means the appointing authority or a person duly authorised by the
567 Volume VII (1981 to 1984) appointing authority in that behalf not being a person lower in rank to the civil servant concerned.” 3. A Judge of Superior Court shall wear, while he is attending sittings of the Court, a black sherwani without bands White, shirt, with turn-down dolor and black tie white trousers, in the Summer, and in the Winter, trousers of material in the deeper shades of a gray and a black gown.”
Sd/-(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law
568 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 8th December, 1983. No. 1601/LD/83. The following Ordinance made by the President on the 8th day of December, 1983, is hereby published for general information:- (ORDINANCE CCLXXII of 1983) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CCXXXVIII of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance 1983. (2) It shall come into force at once. 2. Amendment of Section 13, Ordinance CCXXXVIII of 1983.- In the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CCXXXVIII of 1983), in section 13, in sub- section (3) the coma and words”, he shall be deemed to be the non-official member of the District Council” shall omitted.
Sd/-(Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir. Sd/- (Khalil Ahmed Qureshi) Secretary Law
569 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 8th December, 1983. No. 1606/LD/83. The following Ordinance made by the President on the 4th day of October, 1983, is hereby published for general information:- (ORDINANCE CCLXXIII of 1983) AN ORDINANCE further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976.. WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement. - (1) This Ordinance may be called the Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance 1983. (2) It shall come into force at once. 2. Amendment of Section 2, Act VI of 1976.- In the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) in sub- section (1) of Section 2, for clause (b) the following shall be substituted:- “Civil Servant” means a person who is appointed to any Service of the Azad Jammu and Kashmir or holds a civil post in service of Azad Jammu and Kashmir employed in connection with the affairs of the State, but does include:- (i) a person who is or deputation to the service of Azad Jammu and Kahsmir in connection with the affairs of the Government, form the Council or the Federation or any Province of Pakistan or authority; (ii) a person who is employed on contract, or on work- charged basis, or who is paid from contingencies; or
570 Volume VII (1981 to 1984) (iii) a person who is a worker or ‘workman’ as defined in the Factories Act, 1934 (XXV of 1934) or the workmen’s Compensation Act, 1923 (VIII of 1923).
(Abdul Rehman Khan) President, Azad Jammu And Kashmir. ------Sd/- (Syed Atta Mohy-ud-Din Qadri) Deputy Secretary Law
571 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 4th January, 1984. No. 24/LD/84. The following Ordinance made by the President on the 2nd day of January, 1984, is hereby published for general information:- (ORDINANCE IV of 1984) AN ORDINANCE to amend the Boar of Intermediate and Secondary Education Ordinance, 1983 (Ordinance CCXXIV of 1983) in the manner hereinafter appearing; WHEREAS it is expedient to amend the Board of Intermediate and Secondary Education Ordinance, 1983 (Ordinance CCXXIV of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called Azad Jammu Board of Intermediate and Secondary Education (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 4, Ordinance CCXXIV of 1983.- In the Azad Jammu and Kashmir Board of Intermediate and Secondary Education Ordinance, 1983 (Ordinance CCXXIV of 1983), in Section 4, in sub-section (1), after clause (iii), the following new clause (iii-a) shall be inserted, namely:- “(iii-a) Director Education (Schools) or his nominee or nominee of the Government;”
Sd/(Major General (Retd) Abdul Rehman Khan) President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
572 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 9th January, 1984 No. 55/LD/84. The following Ordinance made by the President on the 9th day of January, 1984, is hereby published for general information:- (ORDINANCE VIII of 1984) AN ORDINANCE to provide for the formation and regulation of political parties. WHEREAS it is expedient to provide for the formation and regulation of political parties, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Political Parties Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,- (a) ‘Constitution; means the Azad Jammu and Kashmir Interim Constitution Act, 1974; (b) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; and (c) ‘Political party’ includes a group or combination of persons which are operating for the purpose of propagating any political opinion or indulging in any other political activity. 3. Formation of certain political party prohibition.- (1) No political party shall be formed with the object of propagating any opinion or acting in any manner prejudicial to the Islamic Ideology or the sovereignty and integrity of Pakistan or Security
573 Volume VII (1981 to 1984) of Azad Jammu and Kashmir or Pakistan or morality, or the maintenance of public order. “(2) No person shall form, organize, set up or convene a foreign aided party or in any way be associated with any such party. Explanation.- In sub-section (2) ‘Foreign aided party’ means a political party which. (a) has been formed or organized at the instance of any Government or political party of a foreign country; to (b) is affiliated to or associated with any Government or political party of a foreign country; or (c) receives any aid, financial or otherwise, from any Government or political party of a foreign country, or any portion of its funds from foreign nationals. 4. Political Parties to submit accounts, etc.- Every Political party shall, in such manner and form and at such time as may be provided by rules made by the Government, account for the source of its funds and submit its finances and accounts to audit by, an officer or authority authorised by the Chief Election Commissioner in this behalf; “Provided that every political party in existence at the time of commencement of this Ordinance, shall account for the source of its funds, and submit its finances and accounts to audit, within fifteen days of the publication of the rules made under this Ordinance.” Explanation.- In this section and in section 5 ‘Chief Election Commissioner’ means the Chief Election Commissioner appointed under Section 50 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. 5. Registration of political parties.- (1) Every political party in existence at the commencement of this Ordinance shall, within one month of such commencement and every political party formed after such commencement shall, within one month of its being formed, apply to the Chief Election Commissioner for Registration. (2) An application under sub-section (1) shall be made on behalf of a political party by such person and in such form, and shall be accompanied by such documents besides a copy of its constitution, a list of the names of all its officer bearers at the national level and a statement of its total membership in each
574 Volume VII (1981 to 1984) distruct as the Chief Election Commissioner may, by notification in the official Gazette specify. (3) The Chief Election Commissioner shall register a political party applying for registration in accordance with sub-section (2) if he is satisfied that the political party- (a) has published a formal manifesto, that is to say, the party’s foundation document or constitution giving its aims and objects and provided therein for elections of its office-bearers being held periodically; or (b) has undertaken to publish any amendment to any document referred clause (a) as and when such amendment is made. (c) has belief in the Ideology of Pakistan or the ideology of the State’s accession to Pakistan and the integrity and sovereignty of Pakistan; and (d) has submitted its accounts as required by Section 4. (4) If a political party which has been registered under subsection (3)- (a) fails, or has failed to submit its accounts within the period specified in section 4 or the rules made there under; (b) fails to hold election of any office bearer within the time allowed by, and in accordance with, its constitution and rules; (c) propagates any opinion, or acts in any manner prejudicial to the Ideology of Pakistan or the Ideology of the State’s accession to Pakistan, or the sovereignty and integrity of Pakistan or security of Azad Jammu and Kashmir or Pakistan, or morality or the maintenance of public order, or the integrity of independence of the judiciary of Azad Jammu and Kashmir or Pakistan, or Pakistan or the Armed Forces of Pakistan; (d) receives any aid, financial or otherwise, from the Government or any political party of a foreign country, or any portion of its funds from foreign nationals; (e) does or omits to do any such act or things as would have result in registration being refused to it in the first instance, than, without prejudice to any action that may be taken in respect of the political party under Section 8, the Chief Election Commissioner may, after giving the 575 Volume VII (1981 to 1984) political party an opportunity of showing cause against the action proposed to be taken, canceled its registration or as the case may be, revoke declaration made in its favour under sub-section (4) of Section 6. (5) The cancellation of the registration of a political party under sub-section (4) shall be notified by the Chief Election Commissioner in the Official Gazette. (6) A political party which has not been registered under sub-section (3) or registration of which has been cancelled under sub-section (4), shall not be eligible to participate in an election to a seat in the Legislative Assembly of Azad Jammu and Kashmir or the Azad Jammu and Kashmir Council or to nominate or put up a candidate at any such election. 6. Certain political parties to be eligible to participate in forthcoming elections. (1) Save as expressly provided herein, the provision of Section 5 shall apply mautatis mautandis where a political party seeks or has obtained declaration under sub- section (4). (2) The Election Commissioner hereinafter referred as Commissioner shall, by notification in the Official Gazette, call upon the political parties which had complied with the provisions of Section (4) but had not applied for registration under Section 5 to furnish to the commissioner within such times as may be specified in the notification answers to a questionnaire published there with. (3) Answer to a questionnaire referred to in sub-section (2) shall be furnished on behalf of a political party by such person, and shall be accompanied by such documents besides a copy of its constitution and manifesto a list of the names of its office bearers at the national level and a statement of its total membership in each District as may be specified in the notification published under the said sub-section. (4) If after giving a political party which has furnished answers to the questionnaire as required by sub-section (2) an opportunity of being heard the Commissioner is satisfied that the party has fulfilled the requirements of sub-section (3) of Section 5, the Commissioner shall declare the political party by notification in the Official Gazette to be eligible to participate in an election to a seat in a Legislative Assembly and to nominate or put up a candidate at any such election.
576 Volume VII (1981 to 1984) 7. Lawful political activates.- Subject to the provisions of Section 3, it shall be lawful.- (1) for any body of individuals or an association of persons to form, organize or set up a political party; or (2) for any person, except a person.- (i) Who is in the service of Azad Jammu and Kashmir or Pakistan or (ii) Who has been in service of Azad Jammu and Kashmir or Pakistan; or a person who has held office as a Judge of the Supreme Court or of the High Court unless a period of seven years has elapsed since he ceased to be in such service or office; or (iii) Who has been convicted under any law for the time being inforce by any Court or any other Authority having such jurisdiction against which no appeal is provided, unless a period of seven years has elapsed from the date of such conviction,- (a) to be a member or office- bearer of, or be otherwise associated with a political party; or (b) for the purpose of an election to be held under the constitution, to hold himself out or any other person, not being a person in the service of Azad Jammu and Kashmir or Pakistan, as a member or to have the support of a political party, the formation, organization or setting up of which is not prohibited by this ordinance. 8. Dissolution of political parties.- (1) Where the Government is satisfied that a political party is a foreign aided party or has been formed or is operating in a manner prejudicial to the Islamic Ideology or the sovereignty and integrity of Pakistan or security of Azad Jammu and Kashmir or Pakistan, or morality, or main tenance, of public order or has contravened the provisions of section 4, it shall make such a declaration and publish the same in the official Gazette, and upon such publication, the political party concerned shall, subject to the provisions of sub-section (2) stand dissolved, and its all properties and funds shall be forfeited to the Government. (2) Within fifteen days of the making of a declaration under sub-section (1) the Government shall refer the matter to the Supreme Court whose decision on such reference shall be final.
577 Volume VII (1981 to 1984) 9. Penalty.- (1) Any person who, after the dissolution of a political party under Section 7, holds himself out as a member or office bearer of that party, of acts for, or otherwise associates himself with, that party shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both. (2) if any person who was an office-bearer of a political party at the time of its dissolution under sub-section (2) of Section 8 indulges or takes part in any political activity within seven years of its dissolution, he shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both. (3) Any person who contravenes the provisions of section 7, shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both. 10. Certain disqualifications for being a member of Assembly or of the Council.- (1) A person who has.- (a) at any time on or after the 16th day of April, 1975 been an office-bearer of a political party dissolved under sub- section (2) of Section 8 and has not before a declaration in respect of such party is made under sub-section (1) of that section, resigned from of publicity announced his dis-association with such party; or (b) been convicted under section 9, Shall be disqualified from being a member of Assembly or the Council or a local body and from being elected or chosen as such a member for a period of five years from the date of such dissolution or conviction as the case may be. Explanation.- In this Section office bearer of a political party means an office bearer at the national or district setup of that party otherwise than as a more member of the working central, district or other committee of the party. (2) A person who has at any time on or after 11th day of August, 1977 been a member of a political party dissolved under the sub-section (2) of Section 8 and convicted for an offence committed before such dissolution and punishable with imprisonment for a term which is not less than two years shall be disqualified from being a member of Assembly or the Council or a local body and from being elected or chosen as such a member for a period of seven years from the date of such dissolution.
578 Volume VII (1981 to 1984) 11. Sanction for prosecution.- No prosecution under this Ordinance shall be instituted against any person without the pervious sanction in writing of the Government. 12. Savings.- Notwithstanding any judgment, decree or order of any court, including High Court, every thing done, all actions taken, notifications issued orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Political Ordinance 1979 (Ordinance CXX of 1979) or its succeeding Ordinance issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ------Sd/- (Syed Shakir Shah) Section Officer Legislation, Law Department Azad Jammu and Kashmir Government of the State Jammu and Kashmir Muzafarabad.
579 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 15th January, 1984.. No. 99/LD/84. The following Ordinance made by the President on the 15th day of January, 1984, is hereby published for general information:- (ORDINANCE XIV of 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Motor Vehicles Ordinance 1971, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Jammu and Kashmir, Motor Vehicles (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 49-A, Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971.- In the Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971, hereinafter referred to as the said Ordinance, in Section 49-A in sub-section (1). (a) after clause (c) for the ‘words’ a Transporters Mutual Assistant cooperative Society registered under the Co- Operative Societies Acts may be accepted in lieu of a Bank Guarantee ‘the words’ the Azad Kashmir Government Co-operative Bank Limited Established under the Co-operative Societies Act, 1925’ shall be substituted; and (b) after clause (c) as amended aforesaid, the following provision shall be added, namely.- “Provided that all liabilities incurred by the Transporters Mutual Assistance Co-operative Society, Mirpur; before the
580 Volume VII (1981 to 1984) commencement of this Ordinance shall be discharged by the aforesaid society.” 3. Amendment of Section 67, Azad Jammu and Kashmir, Motor Vehicle Ordinance, 1917.- (1) In the said Ordinance, in Section 67 in sub-section (1), in clause (a), for the words ‘Rupees eight thousand the words ‘Rupees sixteen thousand shall be substituted. 4. Amendment of sixth Schedule to Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971.- In the said Ordinance, in the sixth schedule after the full-stop at the end the following shall be added namely.- “The numbers for the purposes of the registration mark shall be assigned in series which shall be from figure 1 to the figure 9999. When this series is exhausted the next series shall from 1 to 999 preceded by the letter ‘A’. When the second series is also exhausted, the next series shall be from 1 to 9999 preceded by letter ‘B’ and so on. The registration mark shall be shown in the following manner.” (a) In the case of Transport In black on white ground. Vehicles…………….. (b) In the case of temporary In red on yellow ground. Registration………… (c) In the case of Registration In white on red ground. marks allotted to dealers. (d) In other cases……… In white on black ground. 4. Substitution of the eleventh Schedule to Azad Jammu and Kashmir Motor Vehicles Ordinance, 1971.- In the said Ordinance, for the eleventh Schedule, the followings shall be substituted, namely:-
“THE ELEVENTH SCHEDULE” (See Section 67) Scale of compensation payable on injury to passenger in a stage carriage of contract carriage:- Rs. 1. Death …. …. …. … 16,000/- 2. Loss of right arm above or at the elbow. 5,000/- 3. Loss of left arm above or at the elbow. 4,000/- 4. Loss of right arm below the elbow. 4,000/- 5. Loss of leg at or above the knee. 5,000/- 581 Volume VII (1981 to 1984) 6. Loss of left arm below the elbow. 3,000/- 7. Loss of leg below the knee. 5,000/- 8. Loss of both legs. 10,000/- 9. Permanent loss of hearing. 5,000/- 10. Loss of one eye. 6,000/- 11. Loss of both eyes. 1,0000/- 12. Lose of thumb. 3,000/- 13. Loss of all toes of one foot. 4,000/- 14. Loss of index finger. 3,200/- 15. Loss of great toes. 3,000/- 16. Loss of any finger other than index finger. 3,000/- 17. Permanent disfiguration of the face or head. 4,000/- 18. Fracture or dislocation of a bone. 3,000/- 19. Emasculation. 4,000/- 20. Loss of one or more teeth. 1,000/- 21. Any injury which endangers life or which causes the sufferer to be, during the space of twenty days, severe bodily pain, or renders him unable to follow his ordinary pursuits. Rs.2,000/- 22. Medical expenses for an injury not specified in this Schedule. Actual expenses certified by the Medical Officer. N.B Maximum compensation payable for more than one injury shall be limited to Rs. 10,000/-.” 6. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notification issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Motor Vehicles (Amendment) Ordinance 1978 (Ordinance XXXI of 1978) or its succeeding Ordinance issued from time to time shall deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance. Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
582 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 21st January, 1984. No. 136/LD/84. The following Ordinance made by the President on the 21st day of January, 1984, is hereby published for general information:- (ORDINANCE XVII of 1984) AN ORDINANCE to extend the scope and functions of the Fuji Foundation of Pakistan to the territory of Azad Jammu and Kashmir. WHEREAS it is expedient to Extent the scope and Functions of Fuji foundation of Pakistan to Azad Jammu and Kashmir for the purposes hereafter appearing AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Fauji Foundation of Pakistan (Extension of Scope and Functions to Azad Jammu and Kashmir) Ordinance, 1984. (2) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context the term “appropriate Government” used in the Charitable Endowments Acts, 1890, as adapted in Azad Jammu and Kashmir, shall mean the Government of Pakistan and the authorities appointed under the said Act shall exercise the same powers in Azad Jammu and Kashmir as they exercise in Pakistan. 3. Extension of Scope and functions of Fuji Foundation.- (1) The scope and functions of the Fauji Foundation of Pakistan hereinafter referred to as the said Foundation, a trust created under the Charitable Endowments Act, 1890 for the benefit of Ex-servicemen and their families, shall extend mutatis mutandis to the Azad Jammu and Kashmir Territory and the said Foundation shall function in the said Territory as it functions in Pakistan.
583 Volume VII (1981 to 1984) (2) The Scheme of Administration for the said Foundation settled or substituted by the Government of Pakistan under the Charitable Endowments Act, 1980 and rules and regulations made thereunder and the administrative orders issued under either of them shall extend and apply to the Azad Jammu and Kashmir Territory as they apply to Pakistan. 4. The Treasurer of Charitable Endowments and the authorities appointed in Pakistan under the Charitable Endowments Act, 1890 (VI of 1890), shall be competent to exercise the same powers and perform the same function in Azad Jammu and Kashmir as they exercise and perform in Pakistan under the said Act. 5. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, Jurisdiction or powers exercised under the provisions of the Fauji Foundation of Pakistan (Extension of Scope and Functions to Azad Jammu and Kashmir) Ordinance, 1979 (Ordinance CXXIX of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir.
584 Volume VII (1981 to 1984) آزاد ﺣﮑﻮﻣﺖ رﯾﺎﺳﺖ ﺟﻤﻮں و ﮐﺸﻤﯿﺮ (ﻣﺤﮑﻤہ ﻗﺎﻧﻮن و ﭘﺎرﻟﯿﻤﺎﻧﯽ اﻣﻮر) ﻣﻈﻔﺮ آﺑﺎد ﻧﻤﺒﺮ 147/84 ﻣﻮرﺧہ 21 ﺟﻨﻮری 1984ءﺟﻨﺎب ﺻﺪر ﻧﮯ ﺣﺴﺐ ذﯾﻞ آرڈﯾﻨﻨﺲ 21ﺟﻨﻮری 1984ءﮐﻮوﺿﻊ ﮐﯿﺎ ﺟﺴﮯ اﻃﻼع ﻋﺎم ﮐﮯ ﻟﺌﮯ ﻣﺸﺘﮩﺮ ﮐﯿﺎ ﺟﺎﺗﺎﮨﮯ۔ (آرڈﯾﻨﻨﺲ XVIIIآف 1984 )ء اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ )ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ء ﻣﯿﮟ ﺗﺮﻣﯿﻢ ﮐﺌﮯ ﺟﺎﻧﮯ ﮐﺎ آرڈﯾﻨﻨﺲ ﭼﻮﻧﮑہ ﯾہ ﻗﺮﯾﻦ ﻣﺼﻠﺤﺖ ﮨﮯ ﮐہ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ء ﻣﯿﮟ ﺗﺮﻣﯿﻢ ﮐﯽ ﺟﺎﺋﮯ۔ اور ﭼﻮﻧﮑہ ﺟﻨﺎب ﺻﺪرﮐﻮ ﯾہ اﻃﻤﯿﻨﺎن ﮨﮯ ﮐہ اﯾﺴﮯ ﺣﺎﻻت ﻣﻮﺟﻮد ﮨﯿﮟ ﺟﻦ ﮐﯽ ﺑﻨﺎء ﭘﺮ ﻓﻮری ﮐﺎرواﺋﯽ ﮐﺮﻧﺎ ﺿﺮوری ﮨﻮﮔﯿﺎ ﮨﮯ۔ ﻟﮩﺬا، اب ، ان اﺧﺘﯿﺎرات ﮐﻮ ﺑﺮؤے ﮐﺎر ﻻﺗﮯ ﮨﻮﺋﮯ ﺟﻮ آزاد ﺟﻤﻮں وﮐﺸﻤﯿﺮ ﻋﺒﻮری آﺋﯿﻦ اﯾﮑﭧ 1974ء ﮐﯽ دﻓﻌہ 41 ذﯾﻠﯽ دﻓﻌہ 1( ) ﮐﮯ ﺗﺤﺖ ﺣﺎﺻﻞ ﮨﯿﮟ ﺟﻨﺎب ﺻﺪر ﻧﮯ ﺣﺴﺐ ذﯾﻞ آرڈﯾﻨﻨﺲ وﺿﻊ اور ﺟﺎری ﮐﯿﺎ ﮨﮯ۔ ۔1 ﻣﺨﺘﺼﺮ ﻋﻨﻮان، اور آﻏﺎز،ﻧﻔﺎذ۔ 1( ) ﯾہ آرڈﯾﻨﻨﺲ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ(ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ (ﺗﺮﻣﯿﻤﯽ) آرڈﯾﻨﻨﺲ 1984ءﮐﮯ ﻧﺎم ﺳﮯ ﻣﻮﺳﻮم ﮨﻮﮔﺎ۔ ۔2 ﯾہ ﻓﯽ اﻟﻔﻮر ﻧﺎﻓﺬاﻟﻌﻤﻞ ﮨﻮﮔﺎ۔ ۔2 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎ ذ اﯾﮑﭧ 1974 ءﮐﯽ دﻓﻌہ 2 ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ آزاد ﺟﻤﻮں وﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎ ذ اﯾﮑﭧ 1974ءﺟﺴﮯ ﺑﻌﺪ ﻣﯿﮟ اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﮩﺎ ﺟﺎﺋﯿﮕﺎ ﮐﯽ دﻓﻌہ 2 ذﯾﻠﯽ دﻓﻌہ 7 ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﮯ۔ "( )7 ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﺳﮯ ﻣﺮاد ﺳﯿﺸﻦ ﺟﺞ ﯾﺎ اﯾﮉﯾﺸﻨﻞ ﺳﯿﺸﻦ ﺟﺞ اور ﻗﺎﺿﯽ ﺿﻠﻊ ﯾﺎ اﯾﮉﯾﺸﻨﻞ ﻗﺎﺿﯽ ﺿﻠﻊ ﭘﺮ ﻣﺸﺘﻤﻞ ﺑﻨﭻ ﮨﻮﮔﺎ۔" ۔3 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974ء ﮐﯽ دﻓﻌہ 3 ﻣﯿﮟ ﺗﺮﻣﯿﻢ ۔ اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﯽ دﻓﻌہ 3 ﺷﻖ ﭼﮩﺎرم ﮐﻮ ﺗﺒﺪﯾﻞ ﮐﺮ دﯾﺎ ﮔﯿﺎ ﮨﮯ۔ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ "ﭼﮩﺎرم ۔ﺗﻌﺰﯾﺮ اور ﺗﯿﺲ ﮐﻮڑوں ﺗﮏ ﮐﯽ ﺳﺰا" ۔4 آزاد ﺟﻤﻮںﻮ ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎ ذ اﯾﮑﭧ 974 1 ء ﮐﯽ دﻓﻌہ 23 ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ دﻓﻌہ 23ﻣﯿﮟ:- ذﯾﻠﯽ دﻓﻌہ 1( ) (اﻟﻒ و) (ب) ﮐﺎ اﺿﺎﻓہ ﮐﯿﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﺎ۔ 585 Volume VII (1981 to 1984) 1( ۔اﻟﻒ) اﮔﺮ ﮐﺴﯽ اﯾﮏ وﻗﻮع ﮐﮯ دوران ﮐﻮﺋﯽ ﺷﺨﺺ اﯾﺴﮯ اﻓﻌﺎل ﮐﺎ ارﺗﮑﺎب ﮐﺮے ﺟﻮ اﯾﮑﭧ ﮨﺬا ﮐﮯ ﺗﺤﺖ ﺟﺮاﺋﻢ ﮐﮯ زﻣﺮے ﻣﯿﮟ آﺗﮯ ﮨﯿﮟ اور اﯾﺴﮯ ﻓﻌﻞ ﺳﮯ ﮐﺴﯽ دﯾﮕﺮ ﺗﻌﺰﯾﺮی ﺟﺮم ﮐﺎ ارﺗﮑﺎب ﭘﺎﯾﺎ ﺟﺎﺋﮯ ﺗﻮ ﺑﺎوﺟﻮد ﯾہ ﮐہ ﮐﺴﯽ دﯾﮕﺮ ﻗﺎﻧﻮن ﻣﯿﮟ ﮐﭽﮫ اور درج ﮨﻮ، اﯾﮑﭧ ﮨﺬا ﮐﮯ ﺗﺤﺖ ﺗﺸﮑﯿﻞ ﺷﺪﮦ ﻋﺪاﻟﺖ ﻣﺠﺎز ان ﺟﺮاﺋﻢ ﮐﯽ ﺳﻤﺎﻋﺖ ﮐﺮﻧﮯ ﮐﯽ ﻣﺠﺎز ﮨﻮﮔﯽ ﺟﻮ ﮐہ دﯾﮕﺮ ﻗﺎﻧﻮن ﮐﮯ ﺗﺤﺖ ﻗﺎﺑﻞ ﻣﻮاﺧﺬﮦ اور ﻣﺴﺘﺠﺐ ﺳﺰا ﮨﯿﮟ۔ "(ا۔ب) اس ﺗﺮﻣﯿﻢ ﮐﮯ ﻣﻮﺛﺮ ﮨﻮﻧﮯ ﺳﮯ ﻗﺒﻞ اﮔﺮ ﮐﻮﺋﯽ ﮐﺎرواﺋﯽ ﮐﺴﯽ ﻋﺪاﻟﺖ ﻣﺠﺎز ﻣﯿﮟ ﮨﻮ ﭼﮑﯽ ﮨﻮﺗﻮ اﺳﮑﮯ ﻣﺘﻌﻠﻖ ﯾہ ﺗﺼﻮر ﮐﯿﺎ ﺟﺎﺋﮯ ﮔﺎ ﮐہ ﯾہ ﺗﺮﻣﯿﻢ ﺷﺪﮦ ﺻﻮرت ﮐﮯ ﻣﻄﺎﺑﻖ درﺳﺖ ﮐﯽ ﮔﺌﯽ ﮨﮯ۔" ب) ذﯾﻠﯽ دﻓﻌہ( 2) اور 3( ) ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﮯ۔ )2( اﯾﮑﭧ ﮨﺬا ﮐﮯ ﺗﺤﺖ ﻣﻘﺪﻣﺎت ﻣﯿﮟ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﮐﮯ ﻓﯿﺼﻠہ ﻣﯿﮟ اﺧﺘﻼف راﺋﮯ ﮐﯽ ﺻﻮرت ﻣﯿﮟ ﻣﻘﺪﻣہ اﻧﻔﺼﺎل آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﻮ ﺑﮭﯿﺠﺎ ﺟﺎﺋﮯ ﮔﺎ۔ ﺟﺲ ﮐﮯ ﻓﯿﺼﻠﮯ ﮐﮯ ﺧﻼف اﭘﯿﻞ اﻧﺪر ﺗﯿﺲ ﯾﻮم ﻋﺪاﻟﺖ ﻋﻈﻤﯽٰ ﻣﯿﮟ داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ۔ ۔ )3( دوران ﺳﻤﺎﻋﺖ ﻣﻘﺪﻣہ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﮐﮯ درﻣﯿﺎن اﺧﺘﻼف ﮐﯽ ﺻﻮرت ﻣﯿﮟ ﻣﻘﺪﻣہ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﮯ ﭘﺎس اﺳﺘﺼﻮاب ﮐﮯ ﻟﺌﮯ ﺑﮭﯿﺠﺎ ﺟﺎﺋﮯ ﮔﺎ۔ ﺟﺲ ﮐﯽ راﺋﮯ ﮐﮯ ﻣﻄﺎﺑﻖ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﻋﻤﻞ ﮐﺮے ﮔﯽ )ج ذﯾﻠﯽ دﻓﻌہ )2( اور 3( ) ﮐﮯ درﻣﯿﺎن ﻧﺌﯽ ذﯾﻠﯽ دﻓﻌہ 2 اﻟﻒ ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ "(2۔اﻟﻒ) دوران ﺳﻤﺎﻋﺖ ﻣﻘﺪﻣہ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﮐﮯﺟﺞ اور ﻗﺎﺿﯽ ﮐﮯ درﻣﯿﺎن اﺧﺘﻼف راﺋﮯ ﮐﯽ ﺻﻮرت ﻣﯿﮟ ﻣﻘﺪﻣہ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﮐﮯ ﭘﺎس اﺳﺘﺼﻮاب ﮐﮯ ﻟﺌﮯ ﺑﮭﯿﺠﺎ ﺟﺎﺋﮯ ﮔﺎ۔ ﺟﺲ ﮐﯽ راﺋﮯ ﮐﮯ ﻣﻄﺎﺑﻖ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﻋﻤﻞ ﮐﺮے ﮔﯽ۔ اور اﮔﺮ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﻣﯿﮟ ﺑﮭﯽ اﺧﺘﻼف راﺋﮯ ﻗﺎﺋﻢ رﮨﮯ ﺗﻮ اﺳﮯ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﻣﯿﮟ ﺑﻐﺮض اﺳﺘﺼﻮاب ﺑﮭﯿﺠﺎ ﺟﺎﺋﮯ ﮔﺎ۔ ﺟﺲ ﮐﺎ ﻓﯿﺼﻠہ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﺎ واﺣﺪ ﺟﺞ ﮐﺮے ﮔﺎ۔ ۔5 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974ع ﻣﯿﮟ دﻓﻌہ23 ۔اﻟﻒ ﮐﺎ اﺿﺎﻓہ۔ اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﯽ دﻓﻌہ 23 ﮐﮯ ﺑﻌﺪ ﻧﺌﯽ دﻓﻌہ 22(اﻟﻒ) ﮐﺎ اﺿﺎﻓہ ﮐﯿﺎ ﮔﯿﺎ ﮨﮯ ، ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ 586 Volume VII (1981 to 1984) "(23۔اﻟﻒ) ﻣﺠﻤﻮﻋہ ﺗﻌﺰﯾﺮات (اﯾﮑﭧ 45 ﺑﺎﺑﺖ 1860) ﮐﮯ ﺑﻌﺾ اﺣﮑﺎم ﮐﺎ اﻃﻼق۔ ۔1 ﺗﺎوﻗﺘﮑہ اس اﯾﮑﭧ ﻣﯿﮟ ﺻﺮﯾﺤﺎً اس ﮐﮯ ﺑﺮﻋﮑﺲ ﻣﺬﮐﻮر ﻧہ ﮨﻮ ﻣﺠﻤﻮﻋہ ﺗﻌﺰﯾﺮات ﮐﮯ ﺑﺎب دوﺋﻢ ﮐﯽ دﻓﻌﺎت 34 ﺗﺎ 38، ﺑﺎب ﺳﻮﺋﻢ ﮐﯽ دﻓﻌﺎت 71 اور 76 اور ﺑﺎب ﮨﺸﺘﻢ ﮐﯽ دﻓﻌہ 149، اس اﯾﮑﭧ ﮐﮯ ﺗﺤﺖ ﺟﺮاﺋﻢ ﮐﯽ ﻧﺴﺒﺖ ﻣﻨﺎﺳﺐ ﺗﺒﺪﯾﻠﯿﻮں ﮐﮯ ﺳﺎﺗﮫ اﻃﻼق ﭘﺬﯾﺮ ﮨﻮﮔﯽ۔ ۔2 ﺟﻮ ﮐﻮﺋﯽ ﺑﮭﯽ اس اﯾﮑﭧ ﮐﮯ ﺗﺤﺖ ﮐﺴﯽ ﺟﺮم ﻣﺴﺘﻮﺟﺐ ﺣﺪ ﻣﯿﮟ اﻋﺎﻧﺖ ﮐﺎ ﻣﺠﺮم ﮨﻮ ﺗﻮ وﮦ ﻣﺬﮐﻮر ﺟﺮم ﮐﮯ ﻟﺌﮯ ﺗﻌﺰﯾﺮ ﮐﮯ ﻃﻮر ﭘﺮ ﻣﻘﺮر ﮐﺮدﮦ ﺳﺰا ﮐﺎ ﻣﺴﺘﻮﺟﺐ ﮨﻮﮔﺎ۔ ۔6 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ﮐﯽ دﻓﻌہ 24 ذﯾﻠﯽ دﻓﻌہ 2( ) ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ اﯾﮑﭧ ﻣﺬﮐﻮرﮐﯽ دﻓﻊ 4 2 ذﯾﻠﯽ دﻓﻌہ 2( ) ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ "(2) اﮔﺮ دوران ﺗﻔﺘﯿﺶ ﯾہ ﭘﺎﯾﺎ ﺟﺎﺋﮯ ﮐہ دﻓﻌہ (26) (1) آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ(ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974ء ﻣﯿﮟ ﺗﻌﯿﻦ ﺷﺪﮦ ﺷﮩﺎدت ﮐﺎ وﺟﻮد ﻧﮩﯿﮟ ﮨﮯ ﺗﻮ ﭼﺎﻻن دﯾﮕﺮ ﻧﺎﻓﺬ اﻟﻮﻗﺖ ﻣﻠﮑﯽ ﻗﻮاﻧﯿﻦ ﮐﮯﺗﺤﺖ ، ﺿﺎﺑﻄہ ﻓﻮﺟﺪاری ﮐﮯ ﺗﺤﺖ ﻗﺎﺋﻢ ﺷﺪﮦ ﻋﺪاﻟﺖ ﻣﺠﺎز ﻣﯿﮟ ﺑﻐﺮض ﺳﻤﺎﻋﺖ ﭘﯿﺶ ﮐﯿﺎ ﺟﺎﺋﮯ ﮔﺎ۔" ۔7 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﯿﺰﯾﺮاﺗﯽ ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974ءﮐﯽ دﻓﻌہ 25 ﻣﯿﮟ ﺗﺮﻣﯿﻢ ۔ اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﯽ دﻓﻌہ 25 ذﯾﻠﯽ دﻓﻌہ 1( ) و 2( ) ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ۔ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ "(1) ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﮐﮯ ﻓﯿﺼﻠﮯ ﮐﮯ ﺧﻼف اﭘﯿﻞ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﻣﯿﮟ اﻧﺪر ﭼﮫ ﻣﺎﮦ داﺋﺮ ﮐﯽ ﺟﺎﺳﮑﮯ ﮔﯽ اور اﺳﯽ ﻋﺪاﻟﺖ ﮐﻮاﺧﺘﯿﺎرات ﻧﮕﺮاﻧﯽ ﺑﮭﯽ ﺣﺎﺻﻞ ﮨﻮﻧﮕﮯ ﺟﺲ ﮐﯽ ﻣﻌﯿﺎد ﺳﺎﭨﮫ ﯾﻮم ﮨﻮﮔﯽ۔ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﮯ ﻓﯿﺼﻠﮯﮐﮯ ﺧﻼف اﭘﯿﻞ ﻋﺪاﻟﺖ ﻋﻈﻤﯽٰ ﻣﯿﮟ اﻧﺪر ﺳﺎﭨﮫ ﯾﻮم داﺋﺮ ﮐﯽ ﺟﺎﺳﮑﮯ ﮔﯽ اور اﺳﯽ ﻋﺪاﻟﺖ ﮐﻮ اﺧﺘﯿﺎرات ﻧﮕﺮاﻧﯽ ﺑﮭﯽ ﺣﺎﺻﻞ ﮨﻮﻧﮕﮯ ﺟﺲ ﮐﯽ ﻣﻌﯿﺎد ﺳﺎﭨﮫ ﯾﻮم ﮨﻮﮔﯽ۔ 2( ) اس اﯾﮑﭧ ﮐﮯ ﺗﺤﺖ ﻗﺎﺋﻢ ﺷﺪﮦ ﺗﺤﺼﯿﻠﯽ ﻓﯿﺼﻠﮯ ﮐﮯ ﺧﻼف اﭘﯿﻞ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﻣﯿﮟ اﻧﺪر ﺗﯿﺲ ﯾﻮم داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ اور ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﮐﮯ ﻓﯿﺼﻠہ ﮐﮯ ﺧﻼف اﭘﯿﻞ ﯾﺎ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﮐﮯ ﮐﺴﯽ درﻣﯿﺎﻧہ ﺣﮑﻢ ﯾﺎ ﻓﯿﺼﻠﮯ ﮐﮯ ﺧﻼف ﻧﮕﺮاﻧﯽ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﻣﯿﮟ اﻧﺪر ﺳﺎﭨﮫ ﯾﻮم داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ۔
587 Volume VII (1981 to 1984) ۔8 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ(ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ﻣﯿﮟ دﻓﻌہ 25 اﻟﻒ ﮐﺎ اﺿﺎﻓہ ﮐﯿﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﮯ۔25۔اﻟﻒ ﮐﺎ اﺿﺎﻓہ۔اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﺴﯽ دﻓﻌہ 25 ﮐﮯ ﺑﻌﺪ ﻧﺌﯽ دﻓﻌہ 25 اﻟﻒ ﮐﺎ اﺿﺎﻓہ ﮐﯿﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ (25-اﻟﻒ) اﺳﺘﺜﻨﺎ) آرڈﯾﻨﻨﺲ ﺑﺎﺑﺖ 1981 ء ﻣﯿﮟ ﻣﻮﺟﻮد ﮐﻮﺋﯽ اﻣﺮ ان ﻣﻘﺪﻣﺎت ﭘﺮ ﺟﻮ ا س آرڈﯾﻨﻨﺲ ﮐﮯ ﻧﻔﺎذ ﺳﮯ ﻋﯿﻦ ﻗﺒﻞ ﮐﺴﯽ ﻋﺪاﻟﺖ اﭘﯿﻞ ﮐﮯ ﺳﺎﻣﻨﮯ زﯾﺮ ﺳﻤﺎﻋﺖ ﮨﻮں ، اﻃﻼق ﭘﺬﯾﺮ ﻧﮩﯿﮟ ﮨﻮﮔﺎ۔ ۔9 ﻋﺎم ﺗﺸﺮﯾﺢ۔ اس ﺗﺮﻣﯿﻢ ﮐﮯ ﻣﻮﺛﺮ ﮨﻮﻧﮯ ﺳﮯ ﻗﺒﻞ اﮔﺮ ﮐﻮﺋﯽ ﮐﺎرواﺋﯽ اس ﺗﺮﻣﯿﻢ ﮐﮯ ﻣﻄﺎﺑﻖ ﮨﻮﭼﮑﯽ ﮨﻮ ﺟﺐ ﻋﺪاﻟﺖ ﮐﻮ اﯾﺴﯽ ﮐﺎرواﺋﯽ ﮐﺮﻧﮯ ﮐﺎ اﺧﺘﯿﺎر ﺣﺎﺻﻞ ﻧﮩﯿﮟ ﺗﮭﺎ ﺗﻮ اﯾﺴﯽ ﮐﺎرواﺋﯽ ﮐﮯ ﺑﺎرے ﻣﯿﮟ ﯾہ ﺗﺼﻮر ﮐﯿﺎ ﺟﺎﺋﮯ ﮔﺎﮐہ ﯾہ ﺗﺮﻣﯿﻢ ﺷﺪﮦ ﺻﻮرت ﮐﮯ ﻣﻄﺎﺑﻖ درﺳﺖ ﮐﯽ ﮔﺌﯽ ﮨﮯ۔ 10. اﺳﻼﻣﯽ ﺗﻌﺰﯾﺮاﺗﯽ ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ء ﮐﯽ دﻓﻌہ 27 ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ اﯾﮑﭧ ﮐﻮ ﻣﺬﮐﻮر اﻟﻔﺎظ ﮐﯽ دﻓﻌہ 27 ذﯾﻠﯽ دﻓﻌہ 2( ) ﻣﯿﮟ اﻟﻔﺎظ ، ﻗﺎﺿﯽ ، ﮐﻮ اﻟﻔﺎظ 'ﻋﺪاﻟﺖ' ﻣﯿﮟ ﺗﺒﺪﯾﻞ ﮐﺮ دﯾﺎ ﮔﯿﺎﮨﮯ۔ 11۔ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﯿﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ﮐﯽ دﻓﻌہ 31 ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ اﯾﮑﭧ ﻣﺬﮐﻮر ﮐﯽ دﻓﻌہ 31 ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ " دﻓﻌہ 31 ۔ ﺣﺪود ﮐﮯ ﺗﻤﺎم ﻓﯿﺼﻠہ ﺟﺎت اور ﻗﺘﻞ ﻋﻤﺪ ﻣﯿﮟ ﻗﺼﺎص ﮐﺎ ﻓﯿﺼﻠہ ﻧﺎﻓﺬ اﻟﻌﻤﻞ ﻧﮩﯿﮟ ﮨﻮﮔﺎ ﺗﺎوﻗﺖ ﯾہ ﮐہ اس ﮐﯽ ﺗﻮﺛﯿﻖ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﺮ دے ﺗﻮ ﻻزم ﮨﮯ ﮐہ ﺿﻠﻌﯽ ﻋﺪاﻟﺘﯿﮟ اﯾﺴﮯ ﻓﯿﺼﻠﻮں ﮐﯽ اﻣﺴﻼت ﺳﺎت ﯾﻮم ﮐﮯ اﻧﺪر آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﮐﻮ ارﺳﺎل ﮐﺮﯾﮟ۔ ﻋﺒﺪاﻟﺮﺣﻤﻦ (ﻣﯿﺠﺮ ﺟﻨﺮل(رﯾﭩﺎﺋﺮڈ) ﻋﺒﺪاﻟﺮﺣﻤﺎن ﺧﺎن)
ﺻﺪر آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ
588 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 21st January, 1984 No. 152/LD/84. The following Ordinance made by the President on the 21st day of the January, 1984, is hereby published for general information:- (Ordinance XIX of 1984) AN ORDINANCE to amend the National Registration Act, 1975. WHEREAS it is expedient to amend the National Registration Act, 1975 (VI of 1975), for the purposes hereinafter appearing:- AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW THERFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and commencement.-(1) This Ordinance may be called the National Registration Act, (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 2, Act VI of 1975.- In the National Registration Act. 1975 (VI of 1975) hereinafter referred to as the said Act, in Section 2, in clause (d), for the words ‘Deputy Registrar-General or a District Registrar or Registrar’ the words ‘Joint Registrar-General or Deputy Registrar-General or Assistant Registrar-General or District Registrar or Registrar or Inspector shall be substituted. 3. Assessment of Section 3, Act VI of 975.- In section 3,-- (a) in a sub-section (1), for clauses (b) and (c) the following shall be substituted namely. “(b) a Joint Registrar-General and as many Deputy Registrars-Generals, Assistant Registrar- General, District Registrars, Registrars and Inspectors as it may consider necessary”; and (b) for sub-section (2) the following shall be substituted namely:-
589 Volume VII (1981 to 1984) “(2) The joint Registrar-General and every Deputy Registrar-General, Assistant Registrar General, District Registrar, Registrar and Inspector shall exercise his powers and perform his functions under this Act and Rules.” (a) Within such area as the Registrar-General subject to the general supervision and control of the Government, may direct; and (b) under the general supervision and control of, and in accordance with such instructions as may be given in this behalf by, the Registrar-General.” 4. Amendment of Section 4, Act VI of 1975.- In the said Act, in Section 4:- (a) for sub section (2) the following shall be substituted namely:- “(2) An application for registration shall be made in such form and to such authority as may be prescribed.” and (b) after sub-section (2) substituted as aforesaid, the following subsection shall be added, namely:- “(3) An application for registration in respect of newly born citizen shall be made within sixty days of such birth.” 5. Amendment of Section 5, Act VI of 1975.- In the said Act, in Section 5, sub-section (1), for the words and figure ‘containing the particulars set out in Schedule II to this Act, the words ‘in the prescribed form’ shall be substituted. 6. Amendment of Section 7, Act VI of 1975.- In the said Act in Section 7 sub-section (1), the following new sub-section shall be inserted, namely:- “(1-A) When a citizen who has not attained the age of eighteen years dies parent or the guardian of such citizen shall report the death to the District Registrar within sixty days of such death.” 7. Amendment of Section 11, Act VI of 1975.- (a) In the said Act in Section 11 of the existing provisions shall be renumbered as sub-section (1) of the said Section and in clause (k), for the words and commas ‘with fine not exceeding fifty rupees or in default of payment of fine, with simple imprisonment for a period not exceeding fifteen days’ the words and commas ‘with rigorous imprisonment for a period not exceeding three months,
590 Volume VII (1981 to 1984) or with fine not exceeding one thousand rupees, or with both’ shall be substituted. (b) In section 11 as amended aforesaid the following sub- section shall be added, namely:- “(2) Any person who attests verifies any statement or information made or furnished for the purpose of this Act which he knows or has reason to believe to be false in any material particular or which he does not believe to be true shall be punishable with fine not exceeding one thousand rupees, or with simple imprisonment for a period not exceeding three months or with both.” 8. Insertion of new Section, 17-A, Act VI of 1975.- In the said Act, after Section 17, the following new Section shall be inserted namely:- “17-A Power to exempt:- The registrar-General or an officer authorized him in this behalf may, by order, in special circumstances to be recorded in writing exempt any person or class of persons from the requirement of possessing producing and identity card for any purpose for which it is required by or under this Act to be possessed or produced.” 9. Omission of Schedule I and II, Act VI of 1975.- In the said Act, Schedule I and Schedule II shall be omitted. 10. Insertion of new Section 18-A, Act VI of 1975.- In the said Act, after Section after the following new section shall be inserted and shall be deemed always to been so inserted, namely:- “18-A The Directorate General of Registration Government of Pakistan the said Act shall, in respect of issue of identity cards and registers persons, have and exercise in the territory of Azad Jammu and Kashmir. The same jurisdiction and powers as they do in Pakistan.” 11. General amendment Act, VI of 1975.- In the National Registration Act, (VI of 1975) hereinafter referred to as the said Act, for the expression of Registrar-General ‘Joint Registrar- General, Deputy Registrar General and Registrar General, whenever occurring, the expressions ‘Director General, Director, Deputy Director and ‘Assistant Director’ shall be substituted.
591 Volume VII (1981 to 1984) 12. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders, or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the National Registration Act, (Amendment ) Ordinance, 1975(Ordinance CXXVII of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under the Ordinance.
(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
592 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 29th January, 1984 No. 178/LD/84. The following Ordinance made by the President on the 29th day of January, 1984, is hereby published for general information:- (Ordinance XXII of 1984) AN ORDINANCE to provide for law relating to the appointment of Commission of Inquiry. WHEREAS it is expedient to provide for law relating to the appointment of Commission of Inquiry for the purpose of making inquiry into any matter of public importance, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the commission of Inquiry Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir and shall apply to all State Subjects wherever they may be. (3) It shall come into force at once. 2. Definitions:- In this Ordinance, unless there is anything repugnant in the subject or context,- (i) ‘Chief Executive’ means the Chief Executive of Azad Jammu and Kashmir” and (ii) ‘Government’ means the Azad Government of the State of Jammu and Kashmir.’ 4. (1) The Chief Executive may, it is of opinion that it is necessary so to do by order in writing appoint a Commission of Inquiry hereinafter referred to as Commission, for the purpose of making an inquiry into any matter of public importance and performing such functions and within such time as he may specify and the commission so appointed shall make the inquiry and perform the functions accorded accordingly.
593 Volume VII (1981 to 1984) (2) The Commission may consist of two or more members from the following. (i) a person who is a Judge of the Supreme Court or High Court of Azad Jammu and Kashmier; (ii) a person who is or has been a Sessions Judge; or (iii) A Magistrate with power under Sections 30 of the Code of Criminal Procedure, 1898; (iv) an officer nominate by Chief Executive. 3. The Chief Executive may appoint a President from amongst the members. 4. The commission shall have the powers of a Civil Court, while taking a suit under the Code of Civil Procedure, 1908 in respect of the following matters:- (a) summoning and enforceing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witness or documents; and (e) requisitioning any public record or copy thereof from any Court or office. 5. (1) Where the Chief Executive is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub- section (2) to (5) should be made applicable to a Commission, the Chief Executive may direct, by order in writing, that all or such of the said provisions as may be specified in the order shall apply to that Commission and on the making of such an order the said provisions shall apply accordingly. (2) The Commission shall have power to require any person subject to any privilege which may be claimed by that person under any law for the time being inforce to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry. (3) The President of the Commission or any officer, not below the rank of a Gazetted Officer, specially authorise in the behalf by the President of the Commission may enter any building or place where the Commission has reason to believe 594 Volume VII (1981 to 1984) that any books of account or other documents relating to the subject matter of the inquiry may be found and may seize any such books of account or documents or take extracts or copies therefrom, subject to the provisions of Section 102 and Section 103 of the Code of Criminal Procedure, 1898, in so far as they may be applicable. (4) The Commission shall be deemed to be a civil Court and when any offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Azad Kashmir Penal Code, is committed in the view or presence of the Commission the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898, forward the case to a Criminal Court having jurisdiction to try the same and the Court to whom any such case is forwarded shall proceed to try the accused. (5) Any proceedings before the Commission shall be deemed to be a Judicial Proceeding within the meaning of Section 193 and 228 of the Azad Kashmir Penal Code. 6. if the President or any member of the Commission through death, illness or any other reason is unable to perform his functions, the Chief Executive may, by order in writing, declare the office of the President or such member to be vacant and appoint thereto another person qualified to hold the office. 7. If, in the course of an inquiry, the President or any member of the Commission is, for any reason, unable to attend any sitting thereof, the proceedings of the Commission may continue before the remaining person(s) comprising the Commission. 8. The Commission shall not merely by reason of any change of the President or in its membership or the absence of its President or any of its members from any sitting, be bound to recall and rehear any witness who has already given any evidence and may act on the evidence already given or produced before it. 9. In the event of any difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the recommendation of the Commission shall be expressed in terms of the views of the majority, but in case the Commission consists of only a President and a member, the opinion of the President shall prevail. 10. The Chief Executive may, if is of opinion that the continued existence of a Commission is un-necessary, by order in writing, declare that the Commission shall cease to exist from such date
595 Volume VII (1981 to 1984) as may be specified in this behalf in such order, and thereupon, the Commission shall case to exist. 11. The Commission shall subject to any rules that may be mad in this behalf, have power to regulate its own procedure including the fixing of places and times of its sittings and deciding whether to sit in public or in private and may act notwithstanding the temporary absence of any member or the existence of a vacancy among its members. 12. In case the Commission has been appointed to enquire into allegations against a particular person, such person shall present during the examination of witnesses appearing before the Commission against such person and shall have the right to cross-examine such witnesses if he so chooses and if he fails to appear before the Commission on a date fixed for hearing, the Commission may proceed ex-parte and presume that he has nothing to say in answer to the allegations. 13. Before commencement of the proceedings, the President of the Commission may, with the permission of the Chief Executive release a concise statement of the case to the Press to enable members of the public who may have some knowledge of the case to appear before the Commission and make as statement in respect thereof: “Provided that such a person shall be liable to be cross- examined by any person who may have some interest in the subject matter of the inquiry.” 14. No suit or other legal proceedings shall lie against the Chief Executive, the Commission or any member thereof, or any person acting under the direction either of the Chief Executive or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance or in respect of the publication, by or under the authority of the Chief Executive or the Commission, of any report, paper or proceedings. 15. (1) The Chief Executive may, by order in writing and subject to such conditions or restrictions, if any, as may be mentioned in the order, confer upon the Commission power to order a police investigation into any matter coming before it. (2) In conducting an investigation ordered under sub-section (1) the Police shall exercise the powers conferred on the Police in respect of a cognizable case by Chapter XIV of the Code of Criminal Procedure, 1898.
596 Volume VII (1981 to 1984) 16. The Chief Executive may, by order in writing, make rules for carrying out the purposes of this Ordinance. 17. The Commission shall have the same powers the High Court has to punish any person for contempt of Court and the Contempt of Court Act, 1926 (XII of 1926), as in force in Azad Jammu and Kashmir, shall have effect accordingly as if reference therein to a ‘Court’ and to a ‘Judge’ were a reference, respectively, to the ‘Commission’ and a ‘Member’ of a Commission. 18. Savings. - Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Commission of Inquiry Ordinance, 1977 (Ordinance XVII of 1977) or its seconding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/ (Major General (Retd) Abdul Rehman Khan) President, Azad Jammu And Kashmir.
597 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 29th January, 1984. No. 196/LD/84. The following Ordinance made by the President on the 29th day of January, 1984, is hereby published for general information:- (Ordinance XXV of 1984) AN ORDINANCE further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976. WHEREAS it is expedient further to amend the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 2, Act VI of 1976:- In the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976) hereinafter referred to as the said Act, in sub-section (1) of section (2), for clause (b) the following shall be substituted.- (b) “Civil Servant” means a person who is appointed to any Service of the State of Jammu and Kashmir or holds a civil post in service of Azad Jammu and Kashmir employed in connection with the affairs of the State but does not include.- (i) a person who is on deputation to the service of Azad Jammu and Kashmir in connection with the affairs of the Government, form the Council or the Federation or any Province of Pakistan or authority; (ii) a person who is employed on contract, or on work-charged basis, or who is paid from contingencies; 598 Volume VII (1981 to 1984) (iii) a person who is a ‘worker’ or ‘workman’ as defined in the Factories Act 1934 (XXV of 1934) or the workman’s Compensation Act, 1923 (VIII of 1923)”. 3. Amendment of Section 7, Act VI of 1976.- In the said Act, in Section 7, after sub-section (4) the following new sub-section (5) shall be inserted and shall be deemed to have taken effect on and from the 14th day of the April, 1976.- “(5) Notwithstanding anything contained in this Act or in any other law for the time being in force, a medical practitioner who, following his release from service with the Armed Forces, after having rendered satisfactory Service under compulsory Service in the Armed Forces Ordinance, 1971 (XXXI of 1971) of Pakistan for a period of not less than two years enters employment of the Government shall be entitled to count towards his seniority in such employment the period of service rendered by him under the aforesaid Ordinance and to his pay in such employment being fixed after giving him credit for the service so rendered.” 4. Amendment of Section 12, Act VI of 1976.- In the Azad Jammu and Kashmir Civil Servants Act, 1976 (Act VI of 1976), for the existing section 12, the following shall be substituted.- “12. Retirement from service.- A civil servant shall retire from service:- (i) in case of a person holding a post equivalent to the post of Additional secretary to Government of Pakistan or a higher post, on such date as the competent authority may in the public interest direct; (ii) in any other case, on such date after the has completed twenty fiver years of service qualifying for pension or other retirement benefits, as the competent authority may, in the public interest direct; or (iii) where no direction is given under the clause (i), or clause (ii), on the completion of Sixtieth years of his age. Explanation.- In this Section “competent authority” means the appointing authority or a person duly authorised by the appointing authority in that behalf not being a person lower in rank to the civil servant concerned.” 5. Insertion of new Section 12-A, Act VI of 1976.- In the said Act, after Section 12, the following new Section 12-A, shall be inserted, namely:-
599 Volume VII (1981 to 1984) “12-A. Certain persons to be liable to removal or reversion.- Notwithstanding anything contained in his terms and conditions of service a civil servant appointed or promoted during the period from the sixteenth day of April 1975 to the eleventh day of August, 1977, may be removed from service or reverted to his lower post or grade, as the case maybe, without notice by the President or a person authorised by him in this behalf, on date as the President or as the case may be, the person so authorised may in the public interest, direct.” 6. Amendment of Section 13, Act VI of 1976.- In the said Act, in Section 13, and sub-section (1), the proviso shall be deleted and shall be deemed always to have been so deleted. 7. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Civil Servants (Amendment) Ordinance, 1977 (Ordinance XII of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/- (Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Ch. Muhammad ) Joint Secretary
600 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 30th January, 1984. No. /LD/84. The following Ordinance made by the President on the 30th day of January, 1984, is hereby published for general information:- (ORDINANCE XXVI of 1984) AN ORDINANCE to amend the Co-cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1983 WHEREAS it is expedient to amend the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1983 (Ordinance CCLXXXVII of 1983) in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Co-operative Banks (Repayment and Recovery of Loans) (Amendment) Ordinance, 1984. 2. Addition of Section 6-A Ordinance CCLXXXVII of 1983.- In the Co-operative Banks (Repayment and Recovery of Loans) Ordinance, 1983 (Ordinance CCLXXXVII of 1983), after Section 6, the following new section 6-A shall be inserted, namely.- “6-A. Delegation of Powers.- The Registrar, may, by notification in the Official Gazette, delegate any of the Powers under the provisions of this Ordinance to any person sub- ordinate to him.
Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Ch. Muhammad Latif) Joint Secretary Law.
601 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 5th February, 1984. No. 226 /LD/84. The following Ordinance made by the President on the 20th day of January, 1984, is herby published for general information:- (ORDINANCE XXIX of 1984) AN ORDINANCE to amend the Execution of the Punishment of Whipping Ordinance, 1983. WHEREAS it is necessary to amend the Execution of the punishment of whipping Ordnance, 1983 (Ordinance CCXXXV of 1983) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Execution of the Punishment of Whipping (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 5, Ordinance CCXXXV of 1983.- In the Execution of the Punishment of Whipping Ordinance, 1983(Ordinance CCXXXV of 1983), in Section 5, for clause (f) the following shall be substituted, namely:- “(f) the punishment shall be executed in the presence of the authorised medical officer at such public place as the Azad Government of the State of Jammu and Kashmir may appoint for the purpose.” 3. Repeal.- The Whipping Act, 1909, is hereby repealed. Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Khalil Ahmed Qureshi) Secretary Law.
602 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 7th February, 1984. No. 232 /LD/84. The following Ordinance made by the President on the 7th day of February, 1984, is herby published for general information:- (ORDINANCE XXX of 1984) AN ORDINANCE to make provisions for the constitution of the Council of Islamic Ideology in Azad Jammu and Kashmir for giving effect to the provisions of Section 31 of the Interim Constitution Act, 1974. WHEREAS it is expedient to make provisions for the constitution of the Council of Islamic ideology in Azad Jammu and Kashmir for giving effect to the provisions of Section 31 of the Interim Constitution Act, 1974. AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Council of Islamic Ideology (Constitution) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless there is anything repugnant to the subject or context,- (a) “Assembly” means the Legislative Assembly of Azad Jammu and Kashmir; (b) ‘Council’ means the Azad Jammu and Kashmir Council constituted under the Azad Jammu and Kashmir Interim ‘Constitution Act, 1974; (c) ‘Chairman’ means the Chairman of the Council of Islamic Ideology constituted under this Ordinance; (d) ‘Government’ means the Azad Government of the State of Jammu and Kashmir;
603 Volume VII (1981 to 1984) (e) ‘Islamic Council’ means the Council of Islamic Ideology constituted under this Ordinance; (f) ‘Member’ means the member of the Council of Islamic Ideology; (g) ‘President’ means the President of Azad Jammu and Kashmir; 3. Composition etc, of Islamic Council.- (1) There shall be a Council of Islamic Ideology in Azad Jammu and Kashmir. (2) The Islamic Council shall consist of such members being not less than six and not more than nine as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciate in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Azad Jammu and Kashmir and Pakistan. (3) While appointing members of the Islamic Council, the President shall ensure that;- (a) so far as practicable various schools of thought are represented in the Council. (b) one of the members is a person who is or has been a Judge of the Supreme Court or of a High Court. (c) not less than two members are such persons who have been engaged, for a period of not less than ten years in Islamic research or instructions. (4) The President shall appoint one of the members referred to in clause (b) of sub-section (3) to be the Chairman of Islamic Council. (5) Subject to sub-section (6), a member of Islamic Council shall hold office for period of three years; Provided that the President may re-appoint a member or Chairman for such a period as he may deem fit. (6) A member may, by writing under his hand addressed to the President resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council. 4. Reference by Assembly etc.- The President or the Government may, or if two fifths of its total membership so requires, the Assembly or the Council shall refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the injunctions of Islam. 604 Volume VII (1981 to 1984) 5. Functions of the Islamic Council.- (1) The functions of the Islamic Council shall be.- (a) to make recommendations to the Government, the Assembly and the Council as to the ways and means of enabling and encouraging the Muslims of Azad Jammu and Kashmir to order their lives individually and collectively in all respect in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah; (b) to advice the Assembly, the Council, the President or the Government on any question referred to the Islamic Council as to whether a proposed law is or is not repugnant to the injunctions of Islam; (c) to make recommendations as to the measures for bringing existing laws into conformity with the injunctions of Islam and the states by which such measures should be brought into effect; and (d) to compile in a suitable form, for guidance of the Assembly, the Council, the President and the Government, such injunctions of Islam as can be given legislative effect. (2) When under Section 4, a question is referred by the President, the Assembly or the Council to the Islamic Council, the Islamic Council, shall, within fifteen days thereof, inform the President, the Assembly or the Council, as the case may be, of the period within which the Islamic Council expects to be able to furnish the advice. (3) Where the Assembly, the Council, the President or the Government, as the case may be, considers that, in the Public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished; Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the Assembly, the Council, the President or the Government shall consider the law so made. (4) The Islamic Council shall submit its final report within three years of its appointment, and shall also submit an annual interim report. The report, whether interim or final, shall be laid for discussion before the Assembly or the Council, as the case may be, within six months of its receipt, and the Assembly or the 605 Volume VII (1981 to 1984) Council, as the case may be, after considering the report, shall enact laws in respect thereof within a period of two years of the final report. 6. Rules of Procedure.- (a) The proceedings of the Islamic Council shall be regulated by rules of procedure, which have already been framed by the Council; (b) any further amendment, addition or alternation in the existing rules may be made by the Council with the approval of the President. 7. Application of Civil Servants Act and Rules.- (1) All employees of the Council appointed for carrying out the purposes of this ordinance shall be civil servants and their terms and conditions of service shall be governed under the provisions of Civil Servants Act, 1976, and rules made thereunder. (2) The appointments in the Council of Islamic Ideology shall made on deputation from Government Department/Agency. (3) The appointments in grade 16 and above made before the commencement of this Ordinance shall be referred to Public Service Commission for assessing their suitability. If the incumbents are found fit, they shall be retained in Service otherwise their services shall be terminated. 8. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders or appointment made, proceeding initiated, jurisdiction or powers exercised under the provisions of the Council of Islamic Ideology (Constitution) Ordinance, 1978 (Ordinance XLI of 1978) or its succeeding Ordinance issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Khalil Ahmed Qureshi) Secretary Law.
606 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD
Dated the 7th February, 1984 No. 265/LD/84. The following Ordinance made by the President on the 2nd day of February, 1984, is hereby published for general information:- (ORDINANCE XXXV OF 1984) AN ORDINANCE to give effect to the financial proposals of the Azad Jammu and Kashmir Government WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Azad Government of the State of Jammu and Kashmir and to amend certain laws for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Kashmir Finance (Amendment) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. (2) Amendment of West Pakistan Entertainment Duty Act, 1958.- In the West Pakistan Entertainment Duty Act, 1958 (Act X of 1958) as adapted in Azad Jammu and Kashmir Finance (Amendment) Ordinance , in Section 5, in sub-section (1),- (a) for the word ‘at the rate of one hundred and fifty per cent of such payment including air-conditioning surcharge, if such payment exceeds one rupee and at the rate of one hundred and twenty five per cent if such payment does not exceed one rupee,” the words “at the rate of one hundred per cent of such payment excluding the amount of the duty” shall be substituted;
607 Volume VII (1981 to 1984) (b) the first proviso shall be deleted; and (c) the word “further” appearing in the second proviso shall be omitted. Sd/- (Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
608 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD.
Dated 18th February, 1984. No. 307/LD/84. The following Ordinance made by the President on the 18th day of the February, 1984, is hereby published for general information:- (ORDINANCE XXXIX OF 1984) AN ORDINANCE to amend the Companies Act, 1913. WHEREAS it is expedient to amend the Companies Act, 1913(VII of 1913), for the purposes hereinafter appearing; AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW THERFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Companies (Amendment) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Armament of Section 2, Act VII of 1913.- In the Companies Act, 1913 (Act VII of 1913), hereinafter referred to as the said Act, in Section 2, in sub-section (1), in clause (15), after the word ‘Registrar’ the commas and words “additional registrar, joint registrar, deputy registrar” shall be inserted. 3. Amendment of Section 11, Act VII of 1913.- In the said Act in Section II. “(a) in sub-section (3), in clause (a), after the words ‘Bank of Pakistan’ the comma and words, ‘Finance’ or any derivative thereof’ shall be inserted; (b) after sub-section (3-A), the following new sub-section shall be inserted, namely:- “(3-B) No company shall be registered by a name which contain any word which, in the opinion of the Azad Government
609 Volume VII (1981 to 1984) of the State of Jammu and Kashmir, is undesirable or deceptive or designed to exploit the religious susceptibilities of the people.” “(3-C) A company in existence immediately before the commencement of the Companies (Amendment) Ordinance, 1980, which has in its name.” (a) the word ‘Finance’ shall, within thirty days of such commencement; or (b) any such word as is referred to in sub-section (3-B) shall, within thirty days of the day on which the Azad Government of the State of Jammu and Kashmir declares that the company has such a word in its name, alter its name with sanction of the registrar. (3-D) If a company acts in contravention of sub-section (3-B) or sub-section (3-C) the company and every officer of the company who is knowingly and willfully in default shall be liable to a fine not exceeding ten thousand rupees and to a further fine not exceeding one thousand rupees for every day during which the default continues.” 4. Amendment of Section 22, Act VII of 1913.- In the said Act, in Section 22 shall be re-numbered as sub-section (1) of that section, and- (a) In sub-section (1), re-numbered as aforesaid, after the word “them” at the end, the words and commas “if the company is being formed for lawful purposes, none of its objects stated in the memorandum is undesirable or deceptive or insufficiently expressive all the requirements of law have been met and the company is authorized to be registered” shall be added; and (b) after, sub-section (1), re-numbered amended as aforesaid, the following new sub-sections shall be added, namely.” (2) If registration of the memorandum is refused any of the subscribers of the memorandum may, within thirty days of order of refusal, prefer and appeal. (a) Where the order of refusal has been passed by and additional register, a joint registrar, a deputy registrar or an assistant registrar, to the registrar; and (b) Where the order of refusal has been passed, or upheld in appeal, by the registrar, to the Azad Government of the State of Jammu and Kashmir.
610 Volume VII (1981 to 1984) (3) An order of the Government of Azad Jammu and Kashmir under sub-section (2) shall be final and shall not be called in question before any Court or other authority.” 5. Amendment of Section 76, Act VII of 1913,- In the said Act, in Section 76, in sub-section (2), for the words “five hundred rupees” the words “twenty thousand rupees and to a further fine not exceeding two thousand rupees for every day during which the default continues” shall be substituted. 6. Amendment of Section 133, Act VII of 1913.- In the said Act, in Section 133, in sub-section (3), for the words “five hundred rupees” the words “twenty thousand rupees and with a further fine not exceeding two thousand rupees for every day during which the default continues” shall be substituted. 7. Amendment of Section 137, Act VII of 1913.- In the said Act, in Section 137,-- (a) for sub-section (1) the following shall be substituted, namely:- “(a) Where, on perusal of any document which is submitted to him under this Act, or of any notice , advertisement or other communication, or otherwise, the registrar is of opinion that any information, explanation or document is necessary with respect to any matter, he may, by a written order, call upon the company and any of its directors or officers to furnish such information or explanation in writing, or such document, within such time as he may specify in the order,” ; and (b) in sub-section (3), for the words and comma “ to a fine not exceeding fifty rupees in respect of each offence”, the words, commas and semi-colon “in respect of each offence to a fine not exceeding twenty thousand rupees and to a further fine not exceeding two thousand rupees and to a further fine not exceeding two thousand rupees for every day during which the default continues, and every officer of the company who knowingly and willfully authorizes or permits, or is a party to the default, shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both,.” shall be substituted. 8. Amendment of Section 140, Act VII of 1913.- In the said Act, in Section 140, in sub-section (3), for the words “liable to a fine not exceeding, fifty rupees in respect of each offence” the words
611 Volume VII (1981 to 1984) and comma “punishable in respect of each offence” with imprisonment of either description for at term which may extend to one year, and shall also be liable to fine” shall be substituted. 9. Insertion of new section 153-C, Act VII of 1913.- In the said Act, after section 153-B, the following new section shall be inserted namely:- “153-C. Prevention of mismanagement or oppression of members (1) If any member or members holding not less than one tenth of the issued share Capital of a company complains or complain, of the Azad Government of the State of Jammu and Kashmir is of the opinion, that the affairs of the company are being conducted in an unlawful or fraudulent manner, or in a manner not provided for in its memorandum, or in a manner oppressive to the member or any of the members, or are being conducted in a manner prejudicial to the public interest, such member or members or, as the case may be, the Azad Government of the State of Jammu and Kashmir may make an application to the Court by petition; and the Court may make such order as it thinks fit in the circumstances for regulating the conduct of the affairs of the company and matters ancillary thereto.” (2) Where an order is made under sub-section (1) on the application of any member or members, the company in relation to which the order is made shall cause a certified copy thereof to be delivered to the registrar for registration within fourteen days after the completion of the order, and if default is made in complying with this sub-section, the company and every officer of the company who is knowingly and willfully in default shall be liable to a fine not exceeding five thousand rupees and to a further fine not exceeding five hundred rupees for every day during which the default omitted. 10. Amendment of Section 166, Act VII of 1913.- In the said Act, in section 166, in the proviso, in clause (aa) sub-clause (i) shall be omitted. 11. Amendment of Section 170, Act VII of 1913.- In the said Act, in Section 170, after sub-section (1), following new sub-section shall be added, namely:- “(1-A) If on a petition presented by any member of the registrar, the Court is of the opinion that, although the facts would justify the making of a winding up order, the making of such order would unfairly prejudice the member or members concerned, the Court may make such order as it thinks fit in the circumstances
612 Volume VII (1981 to 1984) for regulating the conduct of the affair of the company and bringing to an end the matters complained of.” 12. Amendment of Section 248, Act VII of 1913.- In the said Act, in section 248:- (a) in sub-section (2), for the words “an assistant registrar as it thinks necessary for the registration of companies under this Act” the commas and words “additional registrar, joint registrars, deputy registrars and assistant registrars as it thinks necessary” shall be substituted; and (b) for sub-section (5) the following shall be substituted, namely:- “(5) Any person may inspect the documents kept by the Registrar on payment of such fees as may be appointed by the Government, not exceeding one rupee for each inspection, and any person may require a certificate of incorporation or certificate of commencement of business of any Company, or a copy or extract of any other document, or any part of any other document to be certified by the Registrar on payment for the certificate, certified copy or extract of such fees as the Government may appoint, not exceeding five rupees for a certificate of incorporation or commencement of business, and not exceeding seventy-five paisa for every hundred words or fractional part thereof required to be copied, subject to a minimum free of five rupees for each copy or extract.” 13. Amendment of Section 249-A, Act VII of 1913,- In aid Act, in section 249-A,- (a) for the marginal heading the following shall be substituted, namely:- “Enforcing compliance with provisions of Act.” and (b) in subsection (1),- (i) the words and commas “which requires it to file with, deliver or send to the registrar any return, account or other document, or to give notice to him or any matter, shall be omitted; and (ii) for the word “fourteen” the word “thirty” shall be substituted. 14. Amendment of Section 277, Act VII of 1913.- In said Act, in section 277, subsection (8) shall be omitted. 15. Amendment of First Schedule, Act VII of 1913.- In the Act, in the First Schedule, for “Table B” set out in the Schedule to this Act shall be substituted, namely:- 613 Volume VII (1981 to 1984) “THE SCHDULE” ‘TABLE B’ (see Section 249 and 262) TABLE OF FEES TO BE PAID TO THE REGISTRAR Rs. Ps. 1. By a company having a share capital. 100.00 For the registration of company whose nominal share capital does not exceed Rs. 20,000/- a fee of 2. For registration of company whose nominal share capital does not exceeds Rs. 20,000/- the above fee of one hundred rupees, with the following additional fee regulated according to the amount of nominal capital (that is to say)--- For every 10,000/-rupees of nominal share capital, or 50.00 part of 10,000/- rupees, after the first 2,00,00/- rupees up to 1.00.000/- rupees, a fee of 50.00/- rupees, for every 10,000/- rupees of nominal share capital or part of 10,000 rupees after the first 10,000 rupees up to 10,000,00/- rupees, a fee of. For every 10,000/- rupees of nominal share capital, or 20.00 part of 10,000/- rupees after the first 10,00,000/- rupees, a fee of 3. For registration of any increase of share capital made 5.00 after the first registration of the company, the same fee per 10,000/- rupees or part of 10,000/- rupees, as would have been payable if such increased share capital had formed part of the original share capital at the time of registration. 4. For registration of any existing company, except such Companies as are by this Act exempted from payment of fees in respect of registration under this Act, the same fee as is charged for registering a new company. 5. For filing any document by this Act required or authorized to be filed, other than the memorandum or the abstract required to be filed with the registrar by a receiver or the statement required to be filed with the registrar by the liquidator in a winding up:- (a) in respect of a company having a nominal share 10.00 capital of less than Rs. 1.00.000/- a fee of (b) in respect of a company having a nominal share 15.00 capital of Rs. 1,00,000/- or more but less than Rs. 5, 00,000/-, a fee of (c) in respect of a company having nominal share 20.00 capital of 5,00,000/- or more but less than Rs. 20,00,000/- a fee of (d) in respect of a company having a nominal share 25.00 614 Volume VII (1981 to 1984) capital of Rs. 20,00,000/- or more, a fee of 6. For making a record of any fact by this Act authorised or required to be recorded by the registrar; (a) in respect of a company having a nominal share 10.00 capital of less than Rs. 1,00,000/-, a fee of (b) in respect of a company having a nominal share 15.00 capital of Rs. 1,00,000/- or more but less than Rs. 5,00,000/-, a fee of (c) in respect of a company having a nominal share 20.00 capital of Rs. 5,00,000/- or more but less than Rs. 20,00,000/-, a fee of (d) in respect of company having a nominal share 25.00 capital of Rs. 20,00,000/-, or more, a fee of II. By a company not having a share capital, other than a company registered under a license granted under section 26. 1. For registration of a company whose number of 100 members, as stated in the articles of association, does not exceed 20. 2. For registration of a company whose number of 250.00 members, as stated in the articles of association, exceeds 20, but does not exceed 100. 3. For registration of a company whose number of members, as stated in the articles of association, exceeds 100, but is not stated to be unlimited, the above fee of Rs. 250/- with an additional Rs. 12.50/- for every 50 numbers, or less number than 50 members, after the first 100. 4. For registration of a company in which the number 1,000.00 of the members is stated in the articles of association to be unlimited, a fee of 5. For registration of any increase on the number of members made after the registration of the company, the same fee as would have been payable (in respect of such increase) if such increase had been stated in the articles of association at the time of registration: “Provided that no one company shall be liable to pay on the whole, a greater fee than Rs. 1,000/- in respect of its number of members taking into account the fee paid on the first registration of the company.” 6. For registration of any existing company, except such companies as are by this Act exempted from payment of fees in respect of registration under this Act, the same fee as is charged for registering a new company.
615 Volume VII (1981 to 1984) 7. For filing any document by this Act required or 10.00 authorised to be filed, other than the memorandum or the abstract required to be filed, with the registrar by a receiver or the statement required to be filed with the registrar by the liquidator in a winding up, a fee of 8. For making a record of any fact by this Act 10.00 authorised or required to be recorded by the registrar, a fee of III. By a company registered under a license granted under section 26. 1. For registration, a fee of 50.00 2. For filing any document by this Act required or 5.00 authorised to be filed, other than the memorandum or the abstract required to be filed with the registrar by a receiver or the statement required to be filed with the registrar by the liquidator in a winding up, a fee of 3. For making a record of any fact by this Act 5.00 authorised or required to be recorded by the registrar, a fee of IV. By a company established outside Pakistan which has a place of business in Pakistan. 1. For filing any document by this Act required or authorised to be filed, other than the memorandum or the abstract required to be filed with the registrar by the liquidator in a winding up:- (a) in respect of a company having a nominal 10.00 share capital of less than Rs. 1,00,000/-, or a fee of (b) in respect of a company having a nominal 15.00 share capital of Rs. 1,00,000/- or more but less than Rs. 5,00,000/- a fee of (c) in respect of a company having a nominal 20.00 share capital of Rs. 5,00,000/-, or more but less than Rs. 20,00,000/- a fee of (d) in respect or a company having nominal share 25.00 capital, a fee of Rs. 20,00,000 or more. (e) in respect of a company having no share 10.00 capital, a fee of less than Rs. 1,00,000/- 2. For making a record of any fact by this Act authorised or required to be recorded by the registrar:- (a) in respect of a company having a nominal 10.00 share capital of less than Rs. 1,00,000/0, a fee of (b) in respect of a company having a nominal 15.00
616 Volume VII (1981 to 1984) share of Rs. 1,00,000/-, or more but less than Rs. 5,00,000/- a fee of (c) in respect of a company having a nominal 20.00 share capital of Rs. 5,00,000/-, or more but less than Rs. 20,00,000/- , a fee of (d) in respect of a company having a nominal 25.00 share of Rs. 20,00,000/- or more a fee of (e) in respect of a company having no share 10.00 capital, a fee of 16. Savings.- Notwithstanding any judgment, decree or order of any court including High Court, every thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the companies (Amendment) Ordinance, 1980) (Ordinance XXXVII of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/(Major General (Retd) Abdul Rehman Khan) President Azad Jammu & Kashmir ------Sd/- (Syed Shakir Shah) Section Officer Legislation
617 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 18th February, 1984. No. 313/LD/84. The following Ordinance made by the President on the 18th day of the February, 1984, is hereby published for general information:- (ORDINANCE XL of 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance CCXXXVIII of 1983) in the manner hereinafter appearing; AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 9, Ordinance CCXXXVIII of 1983.- In the Azad Jammu and Kashmir Local Government Ordinance 1983, (Ordinance CCXXXVIII of 1983), in Section 9, in sub- section (3) for the words “members of a Union Council” the words “member of Union Councils” shall be substituted and shall be deemed always to have been so substituted.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
618 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 21st February, 1984 No. 359/LD/84. The following Ordinance made by the President on the 18th day of the February, 1984, is herby published for general information:- (Ordinance XLVIII of 1984) AN ORDINANCE to amend the Drugs Act, 1976 WHEREASE it is expedient to amend the Drugs Act, 1976 (Act XXXI of 1976) and adapted in Azad Jammu and Kashmir for the purpose hereinafter appearing; AND WHERASE the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Drugs Act, (Amendment) Ordinance, 1984 (2) It shall come into force at once. 2. Amendment of Section 27, Act XXXI of 1976.- In the Drugs Act, 1976 (Act XXXI of 1976) hereinafter referred to as the said Act, in section 27, for sub-section (4) the following shall be substituted, namely:- “(4) Subject to the provisions of sub-section (1), sub-section (2), and sub-section (3), whoever himself or by any other person on his behalf contravenes any of the provision of this Act or any rule shall be punished with imprisonment for a term which may extend to five years, or whipping not exceeding twenty stripes, and shall also be liable to fine which may extend to fifty thousand rupees. 3. Amendment of Section 28, Act XXXI of 1976.- In the said Act, for Section 28, the following shall be substituted, namely:- “28. Penalty for subsequent offence.- (1) Whoever having been convicted of an offence under sub-section (1) Section 27, is again convicted of an offence under that sub-section shall be punishable with imprisonment for life or with imprisonment 619 Volume VII (1981 to 1984) which shall not be less than five years or whipping not exceeding thrity stripes and shall also be liable fine which may extend to two lakh rupees. (1) Whoever having been convicted of an offence under sub-section (2) of Section 27 is again convicted of an offence under that sub-section shall be punishable with imprisonment for a term which shall not be less than two years or more than ten years or whipping not exceeding thrity stripes, an shall also be liable to fine which may extend to two lakh rupees. (2) Whoever having been convicted of an offence under sub-section (4) of Section 27 is again convicted of an offence under that sub-section shall be punishable with imprisonment for a term which may extend to seven years, or whipping not exceeding thrity stripes, and shall also be liable to fine which may extend to one lakh rupees”.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
620 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 28th February, 1984. No. 439/LD/84. The following Ordinance made by the President on the 22nd day of the February, 1984, is hereby published for general information:- (ORDINANCE LVIII of 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’, Act 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966, in the manner hereinafter appearing; AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 7, Act I of 1966.- In the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966 (Act 1 of 1966) in section 7, in sub-section (1-A) for the word “five” the word “ten” shall be substituted
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
621 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 3rd April, 1984. No. 607/LD/84. The following Ordinance made by the President on the 3rd day of the April, 1984, is hereby published for general information:- (ORDINANCE LXXVII of 1984) AN ORDINANCE to provide relief to the distressed persons in Azad Jammu and Kashmir. WHEREAS it is expedient to provide relief to the distressed persons in Azad Jammu and Kashmir; AND WHERAS the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Distressed Persons Relief Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definitions.- In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say:- (a) “Competent officer or Board of officers” means an officer or Board appointed by the Government to function as such under Section 4 of this Ordinance; (b) “Distressed person” means and includes any person who lives in Azad Jammu and Kashmir and who-- (i) has been physically or financially damaged on account of any accident, fire, epidemic, rains, or any other calamity and in the opinion of the competent officer or Board of officers deserves aid or relief in order to enable him to continue the normal pursuits of his life for the time being or till the effect of the damage subsidize; or
622 Volume VII (1981 to 1984) (ii) is dependent of a person who has lost his life in an accident, fire, epidemic rains or any other calamity and in the opinion of the competent officer or Board of officers it is expedient to provide him relief; (c) “Government” means the Azad Government of the State of Jammu and Kashmir; (d) “The Distressed Persons Relief Fund” means a fund created or established as such and operated under this Ordinance; (e) “State Subject” means a State Subject as defined under the Dogra Regime Government Notification No. I-L/84, dated the 20th April, 1927. 3. The Distressed Persons Relief Fund.- The Government may establish fund to be called “ the Distressed Persons Relief Fund” (hereinafter referred to as the fund)” in order to meet the requirements for relief of distressed persons under this Ordinance or rules made thereunder. 4. Competent officer or Board of Officers.- The Government may appoint or nominate a competent officer or Board of officers to make recommendations to the Government about the distressed person(s) entitled to get relief out of the fund referred to in Section 3. In making recommendations to the Government under this Section, the competent officer or Board of officers shall be guided by the rules made under this Ordinance and the assessment made by the Assessment Committee appointed by the Government for relief assessment purposes. 5. Pending Cases.- The cases pending before coming into force of this Ordinance, shall be finally disposed of under this Ordinance. 6. Recommendations.- In making recommendations to the Government the competent officer or the Board of officers referred to in the foregoing section may recommended. (i) the person or persons who deserve relief under this Ordinance; (ii) the amount of relief; (iii) manners in which relief is to be given; (iv) the period for which relief is to continue: Provided that the maximum relief which can be granted to an individual Collective cases shall not exceed ten percent of the total loss assessed;
623 Volume VII (1981 to 1984) “Provided further that in individual cases the relief shall be given in the exceptional and hard cases.” 7. Orders.- On receipt of the recommendations of the competent officer or the Board of officers, Government may accept, rescind or modify the recommendations or pass such other orders as it deem fit. 8. Power of President to Grant Relief.- (1) Notwithstanding anything contained in clause (b) of Section 2 and Section 6 of this Ordinance or any other law for the time being inforce, the President may order one time grant of a sum not exceeding Rupees twenty thousand only in case of a calamity to be placed at the disposal of District authorities for providing immediate relief in collective cases for provision of food, shelter, clothing, Medicine and other necessary relief from the Relief Fund. The District Officer shall subsequently, within a period of three months, render an account of this amount to Accountant General, Azad Jammu and Kashmir, for verification and audit. (2) In case of physical incapacitation of persons, as defined in section 2(b) (i) the President may in exceptional cases order for payment of cash compensation not exceeding Rupees two thousand and five hundred as immediate relief. (3) In case of death of a person, as defined in section 2(b) (ii) the President may in exceptional cases order for payment of cash compensation not exceeding Rupees five thousand as immediate relief. 9. Power to make rules.- (1)The Government may, by notification in Official Gazette make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing provision such rules may provide:- (a) the amount of relief for different categories of the distressed persons; (b) the manner in which preliminary enquiries should be made; (c) the manners in which different accounts, entries or certificates are to be maintained, made or given in this behalf,
624 Volume VII (1981 to 1984) (d) such order matters as are necessary to facilitate the operation of this Ordinance. 10. Savings.- Notwithstanding any judgment, decree or Order of any Court including High Court, every thing done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Distressed Persons Relief Ordinance, 1980 (Ordinance CXXX of 1980) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made initiated or exercised under this Ordinance.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
625 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 7th April, 1984. No. 618/LD/84. The following Ordinance made by the President on the 7th day of the April, 1984, is hereby published for general information:- (ORDINANCE LXXVIII of 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as ‘Shamilat-Deh’, Act 1966. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh Act, 1966, in the manner hereinafter appearing; AND WHERAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Grant of Khalsa Waste Land as Shamilat-Deh (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 4, Act I of 1966.- In the Azad Jammu and Kashmir Grant of Khalsa Waste Land Act, 1966 (Act 1 of 1966) hereinafter referred to as the said Act, in Section 4, after sub-section (3), for the full stop, a colon shall be substituted, and thereafter the following proviso shall be added, namely: “Provided that where such land is to be given as “Shamilat Deh” to Dehi Council to be managed by it as community Forest, the condition of twenty four or more state trees per acre shall not apply; “Provided further that till such time as the Dehi Council is in a position to take over management of community forests, the Forest Department shall manage and develop on its behalf. The provisions of the Jammu and Kashmir Forest Regulations 1930 and rules made thereunder shall apply to these forests. The expenditure incurred on management and development thereof
626 Volume VII (1981 to 1984) shall be deducted and the net income shall be treated as revenue of Dehi Council.” 3. Amendment of Section 7, Act 1 of 1996.- In the said Act, in Section 7.- (a) in sub-section (1) the full stop at the end shall be omitted and thereafter the words “which may extend to five thousand rupees” shall be added ; and (b) after sub-section (1), as amended aforesaid, the following new sub-section (1-A) shall be inserted, namely:- “(1-A). If the ejected person re-occupies the vacated Khalsa/Shamilat Land, he shall be punished with rigorous imprisonment which shall extend to three years and with fine which may extend to rupees ten thousand.”
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
627 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 9th April, 1984. No. 629/LD/84. The following Ordinance made by the President on the 9th day of the April, 1984, is herby published for general information:- (ORDINANCE LXXIX of 1984) AN ORDINANCE to amend the Notaries Ordinance, 1984 WHEREAS it is expedient to amend the Notaries Ordinance, 1984 (Ordinance LXII of 1984) for the purposes hereinafter appearing; AND WHERAS the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Notaries (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance LXII of 1984.- In the Notaries Ordinance, 1984 (Ordinance LXII of 1984) in Section 3, for the proviso the following shall be substituted, namely:- “Provided that not more than four notaries shall be appointed in each District Head Quarter and two in each Tehsil Head Quarter.”
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
628 Volume VII (1981 to 1984) AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 9th April, 1984 No. 634/LD/84. The following Ordinance made by the President on the 9th day of the April, 1984, is herby published for general information:- (ORDINANCE LXXX of 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Local Government Ordinance, 1984. WHEREAS it is expedient to amend the Azad Jammu and Kashmir Local Government Ordinance, 1983 (Ordinance XLVII of 1984) in the manner hereinafter appearing; AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Local Government (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Addition of Section 53-A, Ordinance XLVII of 1984.- In the Azad Jammu and Kashmir Local Government Ordinance 1984, (Ordinance XLVII of 1984), hereinafter referred to as the said Ordinance, after Section 53, the following new Section 53-A shall be added, namely:- “53-A. Power to Bold dispense of plots/land.- (1) A municipal Committee may retain or may lease, sell, exchange, cancel the allotment issued by it, rent out or otherwise dispose to any plot or land vested in it by the Government, Mirpur Development Authority or any other authority, in the prescribed manner:- Provided that the Municipal Committee shall not:- i) create new plots in open and other spaces; ii) deviate/encroach upon limits, laid down in the Master Plan:
629 Volume VII (1981 to 1984) iii) interfare with the plots reserved for environmental, Government and other specified purposes. (2) Any allotment of a plot or land under the forgoing provisions of this Ordinance or Vth Schedule of the Ordinance shall amount to an agreement to sell and the title such a plot or to land shall be transferred through a title certificate granted by the Municipal Committee concerned. Such a certificate granted by the Municipal Committee shall be sufficient proof of ownership of the property in respect of which it has been issued. (3) The cost of plot or land shall not be less than the price fixed by the Mirpur Development Authority or the Chairman Allotment Committee, Housing Scheme of Azad Jammu and Kashmir and the amounts realised shall be the revenue of that Municipal Committee. (4) The plots shall be allotted by an allotment committee consisting of the Chairman of Municipal Committee concerned and four other members, two chosen from amongst the members of a Municipal Committee concerned and two nominated by the Government: Provided that any person aggrieved by an order passed under sub-section (3) or sub-section (4) may within sixty days prefer an appeal to Secretary Local Government and his decision shall be final. (5) The Municipal Committee or the person authorised by it in this behalf may after giving reasonable opportunity of being heard, direct any person to remove any movable or immovable encroachment made by him without any lawful authority or any land or property vested in the Municipal Committee. (6) If any direction under sub-section (5) is not complied with within such time as may be specified therein, the Municipal Committee or the person empowered in so doing may use such force including police force as may be necessary and may also recover the cost thereof from the person responsible for the encroachment: “Provided that if such encroachment is not affecting the Master Plan of the area the Municipal Committee may instead of requiring the removal of encroachment charge by way of compensation such sum consisting of penalty and market price of the land or property encroached upon as it may prescribe by a general or special order.”
630 Volume VII (1981 to 1984) (7) The encroachment regularized under sub-section (6) may be altered partially so far as in necessary to avoid contravention of a scheme approved by the Government or Municipal Committee. (8) Whoever contravenes any provisions of this Section or of any rules or regulations, made or scheme sanctioned there under shall, if no penalty is provided for such contravention, be punishable with imprisonment which may extend to 3 months, or fine which may extend to two thousand rupees or with both.’ 3. Amendment of Section 94, Ordinance XLVII of 1984.- In the said Ordinance, sub-section (3) of section 94 shall be deleted.
Sd/(Major General (Retd) Abdul Rehman Khan) President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
631 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated 10th April, 1984 No. 640/LD/84. The following Ordinance made by the President on the 10th day of the April, 1984, is herby published for general information:- (ORDINANCE LXXXI of 1984) AN ORDINANCE to amend the Mirpur Development Authority Ordinance, 1974 WHEREAS it is expedient to amend Mirpur Development Authority Ordinance 1974 (Ordinance IV of 1974), for the purposes hereinafter appearing; AND WHERASE the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Mirpur Development Authority (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 3, Ordinance IV of 1974.- In the Mirpur Development Authority Ordinance, 1974, (Ordinance IV of 1974) in Section 3, the existing sub-section (2) shall be re- numbered as sub-section (5) and after sub-section (1) the following new sub-sections (2), (3) and (4) shall be inserted, namely:- “(2) That the Mirpur Development Authority shall transfer the already developed areas of the Mirpur Town to the Municipal Committee on such terms and conditions as agreed upon by the Mirpur Development Authority and the Municipal Committee Mirpur.” (3) The terms and conditions of the transfer shall be notified by the Government Gazette.
632 Volume VII (1981 to 1984) (4) All the powers of allotment, cancellation, transfer of properetory rights and other matters in these areas shall vest with the Municipal Committee after compliance with (2) and (3) above. Sd/(Major General (Retd) Abdul Rehman Khan) President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
633 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 12th April, 1984. No.658/LD/84. The following Ordinance made by the President on the 12th day of the April, 1984, is hereby published for general information:- (ORDINANCE LXXXIV of 1984) AN ORDINANCE to adapt and enforce the West Pakistan Highways Ordinance, 1959. WHEREAS it is expedient to adapt and enforce the West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter appearing. AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW THERFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the West Pakistan Highways Ordinance (Adaptation) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Ordinance.- The West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan, hereinafter referred to as the said Ordinance, is hereby adapted in Azad Jammu and Kashmir and shall, as far as practicable, be enforced in Azad Jammu and Ksahmir alongwith all amendments made in the said Ordinance and all rules made thereunder in Pakistan subject to the modifications that the expressions “Government”, “Provincial Government” or any other expression, however, worded referring to any executive Government shall, as far as practicable, be construed to refer the Azad Government of the State of Jammu and Kshmir and reference to West Pakistan or any part of Pakistan, shall be construed to refer to the Azad Jammu and Kashmir.
634 Volume VII (1981 to 1984) 3. Amendment of Section 6, Ordinance XXXII of 1959.- In the said Ordinance, for Section 6, the following shall be substituted, namely:- “(a) Enforcements:- (1) Any person who sets up any fence, hedges, or raises a construction within the High ways, limits specified by the Government for the respective Highways or road, by notification in the official Gazette or within the earmarked areas for Highways, without written permission of the Highways Authorities, shall be punished with fine which may extend to ten thousand rupees, and the Executive Engineer, Highways concerned may without giving any notice, remove the offending structure, fence, hedges, post, deposit, goods, articles, stall or scaffolding and recover the cost from the defaulters. “(2) The executive Engineer, Highways concerned or any person empowered by him in this behalf, while removing the offending structure, fence, hedges, post, deposits, goods, articles, stalls or scaffoldings may use such force including Police force as may be necessary and may also recover the actual cost incurred thereof, form the person responsible for the offending structure as arrears of land revenue.” 4. Amendment of Section 8, Ordinance XXXII of 1959.- In the said Ordinance, in sub-section (1) of Section 8, for clause (b) the following shall be substituted, namely:- “(b) to erect any building upon land within the specified limits from middle of the Highway.” 5. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Ordinance or this Ordinance, the Government may, from time to time, give such directions as may appear to it to be necessary for the purpose of removal of such difficulty.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law.
635 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW AND PARLIMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 26th April, 1984. No. 726/LD/84. The following Ordinance made by the President on the 26th day of April, 1984, is hereby published for general information:- (ORDINANCE XCIII OF 1984) AN ORDINANCE to provide for the law relating to the repayment and recovery of loans advanced by the Co-operative Banks WHEREAS on account of promulgation of Establishment of the Federal Bank for Cooperative and Regulation of Cooperative Banking (Adaptation) Ordinance, 1977 all the Cooperative Banks except the Azad Kashmir Government Cooperative Bank, in Azad Jammu and Kashmir territory, functioning on or before the 7th January, 1977, have ceased functioning as such banks and heavy loans advanced by these banks are outstanding; AND WHEREAS it is expedient to provide for the repayment and recovery of these loans in order to facilitate the payment to the depositors and creditors of these banks; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Cooperative Banks (Repayment and Recovery of Loans) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir territory and shall apply to the debtors and borrowers of the Cooperative Banks wherever they may be. (3) It shall come into force at once and shall be deemed to have taken effect on and from the 26th day of December, 1977 and shall override all other laws. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context;
636 Volume VII (1981 to 1984) “(a) ‘borrower’ mean a person who has obtained a loan from a Cooperative Bank or a Cooperative Society or his surety, or, in case of a benami loan a person who is the real beneficiary or recipient of the loan, and includes the legal heirs and the successors in interest of any such person or surety and also includes those persons an Cooperative Societies who obtained loans from the Azad Kashmir Government Cooperative Bank Ltd. Muzaffarabad or Central Co-operative Bank Ltd. Muzaffarabad prior to its merger into the Azad Kashmir Government Co-operative Bank.” (b) ‘Cooperative Bank” means a Cooperative Society carrying on banking business immediately before coming into force of the Establishment of Federal Bank for Cooperative and Regulation of Cooperative Banking (Adaptation) Ordinance, 1977; (c) ‘Cooperative Society’ means any society established and registered under the provisions of the Cooperative Societies Act, 1925 or under any other law for the time being in force relating to the registration of Cooperative Societies; (d) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (e) ‘Loan’ includes a benami loan, an advance, a cash credit, an overdraft, a packing credit, a bill discounted and purchased, letter of credit, any other financial accommodation or engagement provided by a Cooperative Bank to a borrower or any transaction which in the opinion of the Registrar is in substance a loan whether based on a valid instrument or not. Explanation.- ‘Benami loan’ mans a loan the real beneficiary or recipient whereof is a person other than the person in whose name the loan is advance or granted. (f) ‘Registrar’ means the Registrar Cooperative Societies, Azad Government of the State of Jammu and Kashmir or any other officer specially appointed or empowered as such by the Government; (g) ‘Provincial Cooperative Bank’ means Azad Kashmir Government notified under clause (p) of Section 2 of the ‘Establishment of Federal Bank for Cooperative and
637 Volume VII (1981 to 1984) Regulation of Cooperative Banking Ordinance, 1976, as adapted in Azad Jammu and Kashmir; (h) ‘Unsecured or insufficiently secured loan’ means a loan which is not secured by mortgage, pledge, hypothecation, assignment of such property of the borrower or of his surety or of both as the Registrar may think adequate. 3. Payment and securing of loans.- Notwithstanding anything contained in any other law for the time being in force or in any agreement or other instrument, award or decree of any court, every loan payable to a cooperative bank shall, unless repaid earlier, be repaid to the Provincial Cooperative Bank in case of Cooperative Banks which stand dissolved under Section 42, sub- section (4) of the Establishment of the Federal Bank for Cooperative and Regulation of Cooperative Banking Ordinance, 1976 as adapted in Azad Jammu and Kashmir, and to the successor Cooperative Society in case of Cooperative Banks which have been converted into non-banking societies under sub-section (5) of the said section, in the following manner, that is to say:- (a) not less than twenty percent of the loan shall be paid within sixty days from the commencement of the Ordinance No. XXXIV of 1977 or in such extended period not exceeding thirty days as the Registrar may fix: (b) the balance of the loan after payment as aforesaid shall, within one month from the expiry of the period mentioned in clause (a), be secured by mortgage, pledge, hypothecation or assignment of such property of the borrower or his surety or of both as the Registrar may think adequate and shall be repaid in such installments within a period not exceeding one year form the commencement of the Ordinance XXXIV of 1977 as the Registrar directs: Provided that the Registrar may, if he considers necessary in case in which not less than fifty percent of the loan has been repaid within the aforesaid period of one year, extend the period by a further period and such further period shall not exceed nine months. 4. Recovery of loans.- (1) If the amount of any loan or any part thereof to be repaid in accordance with the provisions of Section 3, is not paid within the period or periods specified in the said section, the same may be recovered by the Registrar according to 638 Volume VII (1981 to 1984) the law and under the rules for the time being in force for the recovery of arrears of land revenue and while doing so he may exercise all or any of the powers of Collector under the Land Revenue Act and the rules made thereunder. (2) Where… (a) the borrower is a company, partnership or association of person and the assets of such company, partnership or association are not sufficient to meet the total liability, including the loans payable under this Ordinance of such company, partnership or association. (b) the borrower is an individual person and his assets are not sufficient to meet his total liability; and the Registrar is of the opinion, after such enquiry as he may deem fit, to hold in the matter, that the loan has been appropriated by any director, shareholder, partner or member, as the case may, of such company, partnership or association or any other person and, in case of an individual borrower by any other person than the borrower himself, the loan shall be recoverable from the person who has appropriated the loan as aforesaid and his assets as if the loan had been taken by him; (2) The recovery under this Section shall not save a borrower from any other means of recovery or punishment provided in this Ordinance or rules made thereunder or under any other law for the time being in force. 5. (1) In respect of Cooperative Banks which stand dissolved by the operation of Section 42, sub-section (4) of the Establishment of Federal Bank for Cooperatives and Regulations of Cooperative Banking Ordinance, 1976, as adopted in Azad Jammu and Kashmir, the Provincial Cooperative Bank and in respect of the Cooperative Banks which have been converted into non-banking societies under sub-section (5) of Section 42 of the said Ordinance, such societies, shall, within thirty days of the commencement of Ordinance, XXXIV of 1977 or within such extended period as the Registrar may allow, furnish to the Registrar full particulars in respect of all cases of loans required to be repaid under Section 3; (2) On receipt of information under sub-section (1) in respect of any loan the Registrar may cause notice to be issued to borrower requiring him to repay and secure the loan.
639 Volume VII (1981 to 1984) (3) Where any borrower to whom notice under sub-section (2) is issued does not admit the loan or any liability arising there from, he shall within thirty days of the receipt of notice, or within such further period as the Registrar may, in special circumstances allow, submit either personally or by registered post (acknowledgement due), a written statement to that effect to the Registrar, who thereupon shall cause notice to be issued to the Bank or society concerned, and shall, after making such inquiry as he considers necessary, and giving the parties reasonable opportunity of being heard, decide about the liability; (4) The decision of the Registrar under sub-section (3) shall be final and shall not be called in question in any Court. 6. Power of Registrar when making inquiry.- The Registrar shall, for the purpose of making any inquiry under this Ordinance, have the same powers as are vested in a Civil Court under the Code of Civil Procedure , 1908 when trying a suit, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery or production of any document; (c) requisitioning any public record from any court or office; (d) issuing commission for the examination of witness; (e) appointing guardians or next friends of person who are minors or of un-sound mind; (f) adding legal representatives of deceased borrowers or sureties; (g) substituting the names of rightful parties; (h) consolidation of cases; and (i) any other matter which may be prescribed by rules, made under Section 8. 7. Delegation of powers.- The Registrar, may, by notification in the official Gazette delegate any of the powers under the provisions of this Ordinance to any person sub-ordinate to him. 8. Rules.- The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. 9. Detention in civil pension.- The Registrar may send a borrower or debtor or his surety to Civil Prison if any one of them is not ready or has failed to furnish security to the satisfaction of the Registrar as required under Section 3 and may keep them or 640 Volume VII (1981 to 1984) anyone of them in the prison till such security is furnished or the outstanding loan is repaid by them or any one of them. 10. Restrictions on alienations.- (1) Where any borrower has, on or after the 7the day of January, 1977 allienated any property by sale, exchange, gift, mortgage or will otherwise than by or under an order or decree of a Court or with the Special permission of the Government, granted by an order in writing, subject to such conditions as may be specified therein, such allienation shall not operate to transfer any right, title or interest in the property of the borrower unless the loan due from the borrower has been repaid. (2) Any alienation as aforesaid shall become void upon a declaration to that effect made by the Registrar and published in the Official Gazette and this declaration shall have effect of and be acted upon as a decree of a Civil Court. (3) Any party aggrieved by a declaration made by the Register under sub-section (2) may prefer an appeal to Government against such declaration and the order made by Government on such appeal shall be final and shall not be open to question in any Court. 11. Punishment.- (1) Whoever contravenes any of the provisions of this Ordinance or the rules made thereunder shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both: Provided that the proceedings under this sub-section or any result there of shall not save a borrower from any other means of recovery or punishment provided in this Ordinance or rules made thereunder or under any other law for the time being in force. (2) Any person who obstructs or resists the enforcement of any order made under this Ordinance shall be punished with rigorous imprisonment which may extend to seven years, or with fine, or with both. 12. Cognizance of Offence.- (1) Offence under this Ordinance shall be cognizable and non-bailable. (2) Notwithstanding anything contained in any other law for the time being in force offences under this Ordinance shall be triable by a Magistrate of the First Class. 13. Assistance to Registrar.- All Officers and servants of the Government shall assist the Registrar in the performance of his functions.
641 Volume VII (1981 to 1984) 14. Bar of jurisdiction.- (1) No Court or other authority shall have jurisdiction:- (a) to entertain or adjudicate upon any matter which the Government, or the Registrar is empowered by or under this Ordinance, or the rules framed thereunder to dispose of or determine; or (b) to question the legality or validity of anything done under this Ordinance or the rules framed thereunder by the Government or the Registrar. (2) No Court or other authority shall be competent to grant an injunction or other order in relation to any proceeding before the Government, the Registrar or anything done or to be done by or at the instance of the Government, the Registrar under this Ordinance or the rules framed thereunder. (3) Any proceeding pending before any Civil Court, including the High Court and the Supreme Court, in respect of any matter to which this Ordinance relates, shall abate forthwith and no such proceeding shall henceforth be taken cognizance of by any such Court. 15. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Cooperative Banks (Re-payment and Recovery of Loans) Ordinance, 1977 (Ordinance XXXIV of 1977) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/- (Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary Law
642 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 2nd May, 1984 No. 852/LD/84. The following Ordinance made by the President on the 2nd day of February, 1984, is hereby published for general information:- (ORDINANCE XCIX OF 1984) AN ORDINANCE to amend the Penal Code, 1860 WHEREAS it is necessary to amend the Penal Code, 1860 (Act XLV of 1860), for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Penal Code (Amendment) Ordinance, 1984. (2) It shall come into force at once. (2) Addition of new Sections 298-B and 298-C, Act XLV of 1860.- In the Pakistan Penal Code 1860 (Act XLV of 1860), as in force in Azad Jammu and Kashmir, in Chapter XV, after Section 298-A, the following new Sections shall be added, namely:- “298-B: MISUSE OF EPITHETS DESCRIPTIONS AND TITLES ETC. RESERVED FOR CERTAIN HOLY PERSONAGES OR PLACES.- (1) Any person of the Quadiani Group or the Lahori Group (Who call themselves Ahmadis or by any other name) who by words, either spoken or written, or by visible representation.- (A) Refers to or addresses, any person, other than a caliph or companion of the Holy Prophets Muhammad (peace be upon him), as ‘Ameerul Mumineen’, ‘Khalifat ul-Mumineen’. ‘Khalifatul Muslimeen’, Shabbi” or Razi-Allah-Anho’, (B) Refers to, or addresses, any person other than a wife of the Holy Prophet Muhammad (peace be upon him) as “Ummul Mumineen’, (C) Refers to, or addresses any person, other than a member of the family (Ahle-Bait) of the Holy Prophet Muhammad (peace be upon him) as Ahle-Bait, or 643 Volume VII (1981 to 1984) (D) Refers to, or names, or calls, his place of worship as ‘Masjid’, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (2) Any person of the Quadiani Group or Lahori Group (who call themselves Ahmadis or any other name) who by words, either spoken or written or by visible representation, refers to the mode or form call to prayers followed by his faith as ‘Azan’ or recites “Azan’ as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable fine. 298-C: PERSON OF QUADIANI GROUP, ETC., CALLING HIMSLEF A MUSLIM OR PREACHING OR PROPAGATION HIS FAITH.- Any person of the Quadiani Group, or the Lahori Group (who call themselves Ahmadis or by any other name), who, directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith, by words, or propagates his faith, or invites other to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslim, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary
644 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 2nd May, 1984. No. 858/LD/84. The following Ordinance made by the President on the 2nd day of February, 1984, is hereby published for general information:- (ORDINANCE C OF 1984) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898 WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 99-A, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898), as in force in Azad Jammu and Kashmir, hereinafter referred to as the said Code, in Section 99-A, in sub-section (1),- (a) after the words and comma “of that class” the words, figures, brackets, letter and commas “or any matter of the nature referred to in sub-section (4) and (5) Section 6, of the Maintenance, of Public Order Ordinance, 1984” shall be inserted; and (b) after the figure and letter “295-A”, the words, figures and letters “or Section 298-A or Section 298-B or Section 298-C” shall be inserted. 3. Amendment of Section II, Act V of 1898.- In the said Code, in Schedule II, after the entries relating to Section 298-A, the following entries shall be inserted;
645 Volume VII (1981 to 1984)
1 2 3 4 5 6 7 8 B: Misuse of Shall Ditto Not Not Imprisonment Ditto opithets, description arr-with bailable compound- of either and titles, etc, out able description reserved or certain warrant. for three holy personages or years, and places. fine. C. Person of Ditto Ditto Ditto Ditto Ditto Ditto Quadiani Group, etc, calling himself a Muslim or preaching or propagating his faith as Islam.
(Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary
646 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 2nd May, 1984 No. 864/LD/84. The following Ordinance made by the President on the 2nd day of February, 1984, is hereby published for general information:- (ORDINANCE CI OF 1984) AN ORDINANCE to amend the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1984 WHEREAS it expedient to amend the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1984 (Ordinance LXIX of 1984), in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Maintenance of Public Order (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 6, Ordinance LXIX of 1984.- In the Azad Jammu and Kashmir Maintenance of Public Order Ordinance, 1984 (Ordinance LXIX of 1984), in Section 6, for sub-section (4) the following shall be substituted, namely,- “(4) Whoever crates or is likely to create or excite feelings of enmity, ill-will or hatred between different communities, sect, classes or sections of state subjects or which are of the nature referred to in Section 298-A, 298-B and 298-C of the Pakistan Penal Code 1860 (Act XLV of 1860) as inforece in Azad Jammu and Kashmir. (5) In the even of disobedience of an order under sub- section (1) or contravention of sub-section (4) the Government or the authority issuing the order may, without prejudice to any other penalty to which the person guilty of the disobedience is liable, order the seizure of all copies of any publication
647 Volume VII (1981 to 1984) concerned and of any printing press or other instrument or apparatus used in the production of the publication.”
(Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Khalil Ahmed Qureshi) Secretary
648 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 21st May, 1984. No. 985/LD/84. The following Ordinance made by the President on the 21st day of the May, 1984, is hereby published for general information:- (Ordinance CXVII of 1984) AN ORDINANCE to amend the National Registration Act, 1975. WHEREAS it is expedient to amend the National Registration Act, 1975 (VI of 1975), for the purposes hereinafter appearing;- AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW THERFORE, in exercise of the powers conferred by sub- section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the National Registration Act, (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 2, Act VI of 1975.- In the National Registration Act, 1975 (VI of 1975) hereinafter referred to as the said Act, in Section 2, in clause (d), for the words ‘Deputy Registrar-General or a District Registrar or Registrar’ the words ‘Joint Registrar-General or Deputy Registrar-General or Assistant Registrar-General or District Registrar or Registrar or Inspector shall be substituted. 3. Assessment of Section 3, Act VI of 975.- In the said Act, in section 3;- (a) in a sub-section (1), for clauses (b) and (c) the following shall be substituted namely. “(b) a Joint Registrar-General and as many Deputy Registrars-Generals, Assistant Registrar- General, District Registrar, Registrars and Inspectors as it may consider necessary” and: (b) for sub-section (2) the following shall be substituted namely:-
649 Volume VII (1981 to 1984) “(2) The joint Registrar-General and every Deputy Registrar-General, Assistant Registrar General, District Registrar, Registrar and Inspector shall exercise his powers and perform his functions under this Act and Rules.” (a) Within such area as the Registrar-General subject to the general supervision and control of the Government, may direct; and (b) under the general supervision and control of, and in accordance with such instructions as may be given in this behalf by, the Registrar-General.” 4. Amendment of Section 4, Act VI of 1975.- In the said Act, in Section 4:- (a) for sub-section (2) the following shall be substituted namely:- “(2) An application for registration shall be made in such form and to such authority as may be prescribed.” and (b) after sub-section (2) substituted as aforesaid, the following subsection shall be added, namely:- “(3) An application for registration in respect of newly born citizen shall be made within sixty days of such birth.” 5. Amendment of Section 5, Act VI of 1975.- In the said Act, in sub-section (1), for the words and figure ‘containing the particulars set out in Schedule II to this Act, the words ‘in the prescribed form’ shall be substituted. 6. Amendment of Section 7, Act VI of 1975.- In the said Act in Section 7 after sub-section (1), the following new sub-section shall be inserted, namely:- “(1-A) When a citizen who has not attained the age of eighteen years dies parent or the guardian of such citizen shall report the death to the District Registrar within sixty days of such death.” 7. Amendment of Section 11, Act VI of 1975.- (a) In the said Act in Section 11 of the existing provisions shall be remembered as sub-section (1) of the said Section and in clause (k), for the words and commas ‘with fine not exceeding fifty rupees or in default of payment of fine, with simple imprisonment for a period not exceeding fifteen days’ the words and commas ‘with rigorous imprisonment for a period not exceeding three months,
650 Volume VII (1981 to 1984) or with fine not exceeding one thousand rupees, or with both’ shall be substituted. (b) In section 11 as amended aforesaid the following sub- section shall be added, namely:- “(2) Any person who attests verifies any statement or information made or furnished for the purpose of this Act which he knows or has reason to believe to be false in any material particular or which he does not believe to be true shall be punishable with fine not exceeding one thousand rupees, or with simple imprisonment for a period not exceeding three months or with both.” 8. Insertion of new Section, 17-A, Act VI of 1975.- In the said Act, after Section 17, the following new Section shall be inserted namely:- “17-A Power to exempt:- The registrar-General or an officer authorized by him in this behalf may, by order, in special circumstances to be recorded in writing exempt any person or class of persons from the requirement of possessing or producing an identity card for any purpose for which it is required by or under this Act to be possessed or produced.” 9. Omission of Schedule I and II, Act VI of 1975.- In the said Act, Schedule I and Schedule II shall be omitted. 10. Insertion of new Section 18-A, Act VI of 1975.- In the said Act, after Section 18 the following new section shall be inserted and shall be deemed always to been so inserted, namely:- “18-A The Directorate General of Registration Government of Pakistan under the said Act shall, in respect of issue of identity cards and registration of persons, have and exercise in the territory of Azad Jammu and Kashmir the same jurisdiction and powers as they do in Pakistan.” 11. General amendment Act, VI of 1975.- In the National Registration Act, (VI of 1975) hereinafter referred to as the said Act, for the expression ‘Registrar-General’ ‘Joint Registrar- General, ‘Deputy Registrar General’ and Assistant Registrar General, whenever occurring, the expressions ‘Director General, Director, Deputy Director and ‘Assistant Director’ shall respectively, be substituted. 12. Savings.- Notwithstanding any judgment, decree or order of any court including, High Court, every thing done, all actions taken, notifications issued, orders, or appointments made, proceedings
651 Volume VII (1981 to 1984) initiated, jurisdiction or powers exercised under the provisions of the National Registration Act, (Amendment ) Ordinance, 1975(Ordinance CXXVII of 1979) or its succeeding Ordinances issued from time to time shall be deemed to have been validly done, taken, issued, made, initiated or exercised under this Ordinance.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
652 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD.
Dated 28th May, 1984. No. 1010/LD/84. The following Ordinance made by the President on the 28th day of the May, 1984, is hereby published for general information:- (ORDINANCE CXIX of 1984) AN ORDINANCE to provide for measures to observe the sanctity of the month of Ramzan. WHEREAS in view of the tenets of Islam it is necessary to provide for measures to observe the sanctity of the month of Razman; AND WHEREAS the president is satisfied that circumstances exist which render it necessary to take immediate action. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:-
1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Ehtram-i-Ramzan Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall remain in force during the month of Ramzan. 2. Definition.- In Ordinance, unless there is any thing repugnant in the subject or context, “public place” includes any hotle, restaurants, canteen, house, room tent, enclosure, road, lane, bridge or other place to which the public have access. 3. Prohibition of eating etc, in public places.- (1) No person who according to the tenets of Islam, is under obligation to fast shall eat, drink or smoke in a public place during fasting hours in the month of Ramzan. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both. 4. Prohibition of serving eatables in certain public places.- (1) No proprietor, manager, servant or other person into of a hotel,
653 Volume VII (1981 to 1984) restaurant or canteen or other public places shall knowingly and willfully offer or serve or cause to offered or served any eatables during fasting hours in the month Ramzan to any person who, according to the tenet of Islam, is under an obligation to fast. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to rupees five hundred, or with both. 5. Exemptions.- Nothing contained in Section 4 shall apply in respect of:- (a) a Canteen or Kitchen maintained in a hospital for serving food to patients; (b) a Kitchen or canteen meant for children within the premises of a primary school. 6. Cinema houses, theatres etc, to remain closed during ramazan.- (1) All cinema-houses, theatres and similar other establishments or institutions shall remain closed during the month of Ramzan form the time of sunset to the expiration of three hours therafter. (2) If the proprietor, manager, servant or other person in charge cinema house, theatre or similar other establishment or institution contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rupees five thousand, or with both. 7. Power to enter and arrest.- (1) If any Magistrate, the Chairman of a District Council or a Municipal Committee or a Town Committee, or the Chairman or a Member of a District Zakat and Usher Committee has reason to believe that any offence punishable under this Ordinance has been committed by any person in or at a public place, he may enter the public place and arrest such person. (2) Where the Magistrate arresting any person under sub- section (1) is for the time being empowered to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) such Magistrate may try such person at the place where he is arrested in accordance with the provisions contained in Sections 262 to 265 of the said Code.
654 Volume VII (1981 to 1984) (3) When any person is arrested under sub-section (1) by a person other than a Magistrate referred to in sub-section (2) such person shall, if a bond to his satisfaction is not executed, forward the person arrested to the nearest police station with a report of the circumstances in which such arrest is made. 8. Cognizance of offences and procedure.- (1) Save as provided in sub-section (2) of Section 7, no court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by a person authorised to arrest under sub-section (1) of that section or by that officer incharge of the police station in whose jurisdiction the offence is alleged to have been committed. (2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub-section (1) of Section 260 of the Code of Criminal Procedure, 1898 (Act V 1898), may try any offence punishable under this Ordinance in accordance with the provisions contained in Sections 262, to 265 of the said Code. (3) The officer-in-charge of the police station to which a person arrested is forwarded under sub-section (3) of the Section 7 shall make a complaint to a Magistrate within 24 hours of the time on which such person is brought to the police station. (4) The trial of an offence punishable under this Ordinance shall be taken up on a priority basis and shall be concluded as expeditiously as may be administratively possible. 9. Power to make rules.- (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the forgoing provisions, such rules may provide that, in a canteen, restaurant or dining-car referred to in clause (a), (b), (c), or (d) of Section 5, eatables or articles of smoking shall only be served at a place protected from public view by means of a curtain or otherwise, and specify the classes of persons who may be admitted to any such canteen, restaurant or dining-car during fasting hours in the month of Ramzan. (3) a person contravening any rule made under sub-section (1) shall be deemed to be guilty of an offence punishable under section 4 and shall be punishable accordingly. 10. Ordinance to over-ride other laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
655 Volume VII (1981 to 1984) 11. Repeal.- The Azad Jammu and Kashmir Sanctity of Ramzan Act, 1971 is hereby repealed. Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir ______Sd/- (Khalil Ahmed Qureshi) Secretary Law.
656 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated___ June, 1984 No. 1218/LD/84. The following Ordinance made by the President on the ___ day of the June, 1984, is hereby published for general information:- (ORDINANCE CLII of 1984) AN ORDINANCE to validate certain appointments made and orders passed and powers and jurisdiction exercised in Azad Jammu and Kashmir. WHEREAS it is expedient to validate certain appointments made and orders passed and powers and jurisdiction exercised under the Income-Tax Act, 1922 (XI of 1922), or the Income Tax Ordinance, 1979 (XXX of 1979) as in force in Azad Jammu and Kashmir. AND WHEREAS the Azad Jammu and Kashmir Council is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, (VIII of 1974), and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Income Tax Commissioner (Validation of Appointment and Exercise of Powers) Ordinance, 1984. (2) It shall come into force at once. 2. Validation.- Notwithstanding anything contained in the Income- tax Act, 1922 (XI of 1922), or the Income Tax Ordinance, 1979 (XXX of 1979), or any other law for the time being in force, or the judgment or decision of any court.- (1) The appointment of any person as, and the authorization of any person to exercise, or to continue to exercise the powers and jurisdiction of, Commissioner of Income Tax, Azad Jammu and Kashmir, or Inspecting Assistant Commissioner or Appellate Assistant Commissioner of Income Tax, Azad Jammu and Kashmir, under the aforesaid Act or the aforesaid Ordinance, on or after the first day of September, 1976, shall be deemed to have been validly made by competent authority and shall
657 Volume VII (1981 to 1984) have, and shall be deemed always to have had, effect accordingly: and (2) any order passed or power or jurisdiction exercised on or after the first day of September, 1976 as Commissioner of Income Tax, or Inspecting Assistant Commissioner, or Appellate Assistant Commissioner, of Income Tax, Azad Jammu and Kashmir under the aforesaid Act or the aforesaid Ordinance by any person appointed authorised as aforesaid shall be deemed to have been validly passed or exercised and shall have, and shall be deemed always to have had, effect accordingly.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
658 Volume VII (1981 to 1984) آزاد ﺣﮑﻮﻣﺖ رﯾﺎﺳﺖ ﺟﻤﻮں و ﮐﺸﻤﯿﺮ (ﻣﺤﮑﻤہ ﻗﺎﻧﻮن و ﭘﺎرﻟﯿﻤﺎﻧﯽ اﻣﻮر) ﻣﻈﻔﺮ آﺑﺎد ﻧﻤﺒﺮ م ق 1228 /84 ﻣﻮرﺧہ 27 ﺟﻮن 1984 ﺟﻨﺎب ﺻﺪر ﻧﮯ ﺣﺴﺐ ذﯾﻞ آرڈﯾﻨﻨﺲ ﮐﻮ وﺿﻊ ﮐﯿﺎ ﮨﮯ ۔ ﺟﺲ ﺳﮯ اﻃﻼع ﻋﺎم ﮐﮯ ﻟﺌﮯ ﻣﺸﺘﮩﺮ ﮐﯿﺎ ﺟﺎﺗﺎ ﮨﮯ ۔ (آرڈﯾﻨﻨﺲ ﻧﻤﺒﺮCLIIIآف 1984 )ء اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ )ﻗﻮاﻧﯿﻦ ﻧﻔﺎذاﯾﮑﭧ1974 ءﺗﺮﻣﯿﻢ ﮐﺌﮯ ﺟﺎﻧﮯ ﮐﺎ آرڈﯾﻨﻨﺲ ﭼﻮﻧﮑہ ﯾہ ﻗﺮﯾﻦ ﻣﺼﻠﺤﺖ ﮨﮯ ﮐہ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔ ذﺎ اﯾﮑﭧ 1974ء ﻣﯿﮟ ﺗﺮﻣﯿﻢ ﮐﯽ ﺟﺎﺋﮯ۔ اور ﭼﻮﻧﮑہ ﺟﻨﺎب ﺻﺪرﮐﻮ ﯾہ اﻃﻤﯿﻨﺎن ﮨﮯ ﮐہ اﯾﺴﮯ ﺣﺎﻻت ﻣﻮﺟﻮد ﮨﯿﮟ ﺟﻦ ﮐﯽ ﺑﻨﺎء ﭘﺮ ﻓﻮری ﮐﺎرواﺋﯽ ﮐﺮﻧﺎ ﺿﺮوری ﮨﻮ ﮔﯿﺎ ﮨﮯ۔ ﻟﮩﺬا، اب ، ان اﺧﺘﯿﺎرات ﮐﻮ ﺑﺮؤے ﮐﺎر ﻻﺗﮯ ﮨﻮﺋﮯ ﺟﻮ آزاد ﺟﻤﻮں وﮐﺸﻤﯿﺮ ﻋﺒﻮری آﺋﯿﻦ اﯾﮑﭧ 1974ء ﮐﯽ دﻓﻌہ 41 ذﯾﻠﯽ دﻓﻌہ 1( ) ﮐﮯ ﺗﺤﺖ ﺣﺎﺻﻞ ﮨﯿﮟ ﺟﻨﺎب ﺻﺪر ﻧﮯ ﺣﺴﺐ ذﯾﻞ آرڈﯾﻨﻨﺲ وﺿﻊ اور ﺟﺎری ﮐﯿﺎ ﮨﮯ۔ ۔1 ﻣﺨﺘﺼﺮ ﻋﻨﻮان، اور آﻏﺎز، ﻧﻔﺎذ –ﯾہ آرڈﯾﻨﻨﺲ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ(ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ (ﺗﺮﻣﯿﻤﯽ) آرڈﯾﻨﻨﺲ 1984ء ﮐﮯ ﻧﺎم ﺳﮯ ﻣﻮﺳﻮم ﮨﻮﮔﺎ۔ ۔2 ﯾہ ﻓﯽ اﻟﻔﻮر ﻧﺎﻓﺬ ﮨﻮﮔﺎ۔اور ﯾہ ﻣﻮرﺧہ 21 ﺟﻮاﻻﺋﯽ 1982 ء ء ﺳﮯ ﻣﻮﺛﺮ ﮨﻮﮔﺎ۔ ۔2 آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974 ء ﮐﯽ دﻓﻌہ25 ﻣﯿﮟ ﺗﺮﻣﯿﻢ۔ آزاد ﺟﻤﻮں ﻮ ﮐﺸﻤﯿﺮ اﺳﻼﻣﯽ (ﺗﻌﺰﯾﺮاﺗﯽ) ﻗﻮاﻧﯿﻦ ﻧﻔﺎذ اﯾﮑﭧ 1974ء ﮐﯽ دﻓﻌہ 25 ذﯾﻠﯽ دﻓﻌہ 2( ) ﮐﻮ ﺑﺪل دﯾﺎ ﮔﯿﺎ ﮨﮯ ﺟﻮ ﯾﻮں ﮨﻮﮔﯽ۔ "( )2 اس اﯾﮑﭧ ﮐﮯ ﺗﺤﺖ ﻗﺎﺋﻢ ﺷﺪﮦ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﮐﮯ ﻓﯿﺼﻠہ ﺑﺮﯾﺖ ﮐﮯ ﺧﻼف آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﻣﯿﮟ اﭘﯿﻞ اﻧﺪر ﭼﮫ ﻣﺎﮦ داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ اور اﺳﯽ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﮐﯽ ﺟﺎﻧﺐ ﺳﮯ ﮐﺴﯽ ﻣﻠﺰم ﮐﻮ ﺳﺰا ﺳﻨﺎﺋﮯ ﺟﺎﻧﮯ ﮐﯽ ﺻﻮر ت ﻣﯿﮟ اﭘﯿﻞ ﺿﻠﻌﯽ ﻋﺪاﻟﺖ ﻣﯿﮟ اﻧﺪر ﺳﺎﭨﮫ ﯾﻮم داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ۔ ﺗﺤﺼﯿﻠﯽ ﻋﺪاﻟﺖ ﮐﮯ ﮐﺴﯽ درﻣﯿﺎﻧہ ﺣﮑﻢ ﯾﺎ ﻓﯿﺼﻠہ ﮐﮯ ﺧﻼف ﻧﮕﺮاﻧﯽ آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ ﺷﺮﯾﻌﺖ ﮐﻮرٹ ﻣﯿﮟ اﻧﺪر ﺳﺎﭨﮫ ﯾﻮم داﺋﺮ ﮐﯽ ﺟﺎ ﺳﮑﮯ ﮔﯽ ۔"
659 Volume VII (1981 to 1984) ﻋﺒﺪاﻟﺮﺣﻤﻦ (ﻣﯿﺠﺮ ﺟﻨﺮل(رﯾﭩﺎﺋﺮڈ) ﻋﺒﺪاﻟﺮﺣﻤﺎن ﺧﺎن)
ﺻﺪر آزاد ﺟﻤﻮں و ﮐﺸﻤﯿﺮ
660 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 1st August, 1984. No. 1478/LD/84. The following Ordinance made by the President on the 26th day of January, 1984, is hereby published for general information:- (ORDINANCE CLXXIII of 1984) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898 WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Schedule II, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898), in schedule II, after the entries relating to section 354, the following entries shall be inserted, namely:- 1 2 3 4 5 6 7 8 “354A. Assault Ditto Ditto Not Ditto Death or Court of Assistant Bailable imprison- Session or use of ment for Criminal life and force to fine. woman and gripping her of her clothes.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
661 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 5th August, 1984 No. 1493/LD/84. The following Ordinance made by the President on the 3rd day of August, 1984, is hereby published for general information:- (ORDINANCE CLXXV of 1984) AN ORDINANCE to amend the Imposition of Restriction (on construction and alienation in Master Plan Area) Ordinance, 1984. WHEREAS it is necessary to amend the Imposition of Restriction (on construction and alienation in Master Plan Area) Ordinance 1984 (Ordinance CXLVII of 1984); AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Imposition of Restriction (On construction and alienation in Master Plan Area) (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 5, Ordinance CXLVII of 1984:- In the Imposition of Restrictions (on Construction and alienation in Master Plan Area) Ordinance, 1984, (Ordinance CXLVII of 1984), in Section 5, after the existing provisions for the full stop a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in case of special circumstances the land owner may sell his land or a portion of land with the prior approval of the concerned District Controlling Authority in writing.” Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
662 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD.
Dated 6th August, 1984. No. 1499/LD/84. The following Ordinance made by the President on the 6th day of August, 1984, is hereby published for general information:- (ORDINANCE CLXXVI of 1984) AN ORDINANCE to amend the Rehabilitation Act, 1956. WHEREAS it is necessary to amend the Rehabilitation Act, 1956 (Act VII of 1956): AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Rehabilitation (Amendment) Ordinance 1984. (2) It shall come into force at once and shall be deem to have taken affect on and from 12th day of January. 2. Amendment of Section 2, Act XVII of 1956.- In the Rehabilitation Act, 1956 (Act XVII of 1956) as adapted in Azad Jammu and Kashmir, hereinafter referred to as the said Act, in section 2, for sub-section (10) the following Act be substituted and shall be deemed always to have been substituted, namely:- “Rehabilitation Authority” means any Rehabilitation Board, Rehabilitation Commissioner, Additional Rehabilitation Commissioner, Deputy Rehabilitation Commissioner or Assistant Rehabilitation Commissioner, appointed under this Act, or any other officer appointed under any Law for the time being inforce relating to the rehabilitation of refugees, or social and economic rehabilitation in Azad Jammu and Kashmir.
663 Volume VII (1981 to 1984) 3. Amendment of Section 3, Act XVII of 1956.- In the said Act Section 3 the words and commas “by notification in the official Gazette: shall be deleted. 4. Amendment of Section 11, Act XVII of 1956.- In the Ordinance in section 11 after clause (b) of sub-section (1) the full stop shall be omitted and thereafter the following shall be added namely:- “Additional Deputy Rehabilitation Commissioner.” Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
664 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 9th September, 1984. No. 1685/LD/84. The following Ordinance made by the President on the 5th day of September, 1984, is hereby published for general information:- (ORDINANCE CCII of 1984) AN ORDINANCE to adapt and enforce the Employment of Children Act, 1938 of Pakistan in Azad Jammu and Kashmir. WHEREAS it is expedient to adapt and enforce the Employment of Children Act, 1938 (Act XXVI of 1938) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter apparing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Employment of Children (Adaptation) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Act.- The Employment of Children Act, 1938 (Act XXVI of 1938) of Pakistan, hereinafter referred to as the said Act is hereby adopted in Azad Jammu and Kashmir and shall, as far as practicable, be in force in Azad Jammu and Kashmir alongwith all amendments made in the said Act and all rules, notification and orders, made thereunder in Pakistan subject to the modification that the expressions ‘Government’ ‘Federal Government’ ‘Provincial Government’ or any other expression, However, worded referring to any executive Government, shall as far as practiceable be construed to refer to the Azad Government of the State of Jammu and Kashmir and
665 Volume VII (1981 to 1984) reference to Pakistan or any part of Pakistan shall be construed to refer to the Azad Jammu and Kashmir. 3. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Act or this Ordinance, the Government may, from time to time, give such directions as appear it to be necessary for the purpose of removal of such difficulty. Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
666 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 12th September, 1984. No. 1701/LD/84. The following Ordinance made by the President on the 12th day of September, 1984, is hereby published for general information:- (ORDINANCE CCVII of 1984) AN ORDINANCE further to amend the Azad Jammu and Kashmir President’s Salary Allowances and Privileges Act, 1975. WHEREAS it is necessary to amend the Azad Jammu and Kashmir President’s Salary, Allowances and Privileges Act, 1975 (Act XIX of 1975) for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir President’s Salary, Allowances, and Privileges (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 13, Act XIX of 1975.- In the Azad Jammu and Kashmir President’s Salary, Allowances and Privileges Act, 1975 (Act XIX of 1975), in Section 13, for the words “one hundred” the words “two hundred” shall be substituted and shall be deemed to have taken effect on and from 9th day of August, 1984.
Sd/(Major General (Retd) Abdul Rehman Khan President Azad Jammu & Kashmir
667 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 24th September, 1984. No. 1753/LD/84. The following Ordinance made by the President on the 24th day of September, 1984, is herby published for general information:- (ORDINANCE CCXIII of 1984) AN ORDINANCE to amend the Council of Islamic Ideology (Constitution) Ordinance, 1984. WHEREAS it is expedient to amend the Council of Islamic Ideology, Constitution 1984, (Ordinance CXXX of 1984) for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, and Commencement.- (1) This Ordinance may be called the Council Islamic Ideology (Constitution) (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Section 7, Ordinance CXXX of 1984.- In the Council of Islamic Ideology (Constitution) Ordinance, 1984 (Ordinance CXXX of 1984), in Section 7,- (a) sub-section (2) and (3) shall be deleted; and (b) in sub-section (1) the bracket and figure (1) shall be omitted.
Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Khalil Ahmed Qureshi) Law & Parliamentary Affairs.
668 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 4th October, 1984 No. 1796/LD/84. The following Ordinance made by the President on the 12th day of December, 1984, is hereby published for general information:- (ORDINANCE CCXXI OF 1984) AN ORDINANCE to make the provisions for the establishment of conciliation courts in Azad Jammu and Kashmir WHEREAS the Local Government Institution have been set up and it is expedient to make provisions for the establishment of conciliation courts to enable the people to settle certain disputes through conciliation, and for matters ancillary thereto; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Conciliation Courts Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf. 2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,- (a) ‘Cognizable offence’ means a cognizable offence as defined in Section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898) as in force in Azad Kashmir; (b) ‘Conciliation Court’ means a Conciliation Court constituted under this Ordinance; (c) ‘Appellate Authority’ means, in the cases of Criminal and Civil nature the District Magistrate and District Judge respectively of the concerned District; 669 Volume VII (1981 to 1984) (d) ‘Decree’ means a decree as defined in Section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) as in force in Azad Kashmir; (e) ‘District Judge’ shall include an Additional District Judge a Subordinate Judge and a Civil Judge; (f) ‘Government’ means the Azad Government of the State of Jammu and Kashmir; (g) ‘Party’ shall include any person whose presence as such is considered necessary for a proper decision of the dispute/and whom the Conciliation Court adds as party to such dispute; (h) ‘Union’ means an area declared to be a Union under the Azad Jammu and Kashmir Local Government Ordinance, 1979; (i) ‘Union Council’ means a Union Council constituted under the aforesaid Ordinance. 3. Cases referable to conciliation.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in the Code of Civil Procedure, 1908 (Act V of 1908):- (a) all cases falling under Part I of the Schedule shall save as otherwise provided, hereinafter, be referred to conciliation under this Ordinance, and no civil or criminal Court shall have jurisdiction to try any such case; and (b) any of the cases falling under Part II of the Schedule may be so refereed if all the parties thereto agree to such a reference. (2) The following cases relating to matters falling under Section B of Part I of the Schedule or under Section B of Part II thereof shall be excluded from conciliation, namely:- (a) cases in which the interest of a minor is involve; (b) cases where provision for arbitration has been made in a contract between the parties; (c) cases by or against the Government or a public corporation or local bodies or a Bank or a public servant acting in the discharge of his duty; (d) cases which according to the customary law of a community are referable to a community panchayat.
670 Volume VII (1981 to 1984) (3) Government may, by notification in the official Gazette, add to the Schedule any class of cases relating to such disputes between private parties as are of a local nature and are capable of settlement by compromise. (4) Nothing in this Section shall apply to cases relating to an offence specified in the Schedule if the accused has previously been convicted of a cognizable offence. 4. Application for constitution of a Conciliation Court.- (1) Where a case is, under this Ordinance, referable to conciliation, any party to the dispute may, in the prescribed manner, and on payment of the prescribed fee, apply to the Chairman of the Union Council concerned for the constitution of a conciliation Court for the settlement of a dispute, and unless the Chairman, for reasons to be recorded in writing, rejects the application, conciliation court for the purpose: Provided that no application under this Section shall be made against a person of unsound mind. (2) Any person aggrieved by an order of rejection under sub-section (1) may, on the ground that the order is mala-fide or substantially unjust, prefer, in the prescribed manner and within the prescribed time, an application for revision to the appellate Authority, or to, such other authority as maybe prescribe. 5. Conciliation Courts, their composition, etc.- (1) A conciliation Court shall be a body consisting of a Chairman and two representatives to be nominated, in the prescribed manner, be each of the parties to the dispute: Provided that one of the two representatives so nominate shall be a member of the Union Council concerned. (2) The Chairman of the Union Council shall be the Chairman of the Conciliation Court, but where he is, owing to illness or any other cause, unable to act as Chairman, or does not, on account of any personal consideration, wish to do so, or his impartiality is challenged by any party to the dispute, any other person appointed in the prescribed manner, not being a person nominated by any party, shall be the Chairman of the Court. (3) If either party to the dispute consists of more than one person the Chairman shall call upon the person constituting that party to nominate the two representative, on its behalf and if they fail to nominate, shall authorize any one of such persons to do so, and thereupon the person so authorised shall alone have the right to nominate such representatives. 671 Volume VII (1981 to 1984) (4) Where representatives required under this Section to be nominated are not nominated within the prescribed time, the:- (a) if the case falls under Part I of the Schedule, the Conciliation Court shall, without such representative, be deemed to have been validly constituted for the purpose of this Ordinance and conciliation shall proceed accordingly; and (b) if the case falls under Part II of the Schedule, the Chairman shall issue a certificate that conciliation has failed. 6. Jurisdiction of Conciliation Courts, etc.- A Conciliation Court shall be constituted and shall have jurisdiction to try a case only when the parties to the dispute ordinarily reside within limits of the Union in which the offence has been committed or the cause of action arisen. 7. Power of Conciliation Courts to award compensation.- (1) Save as otherwise provided in this Ordinance, a Conciliation Court shall have no power to pass a sentence of imprisonmentor or fine, but if it holds a person guilty of an offence specified in the Schedule it may order the accused to pay to the aggrieved person compensation the amount of which may not exceed two hundred and fifty rupees, but if the offence is one punishable under Section 428 Section 429 of the Penal Code (Act XLV of 1860) as in force in Azad Kashmir the amount of compensation may exceed two hundred and fifty rupees but not five hundred rupees. (2) In a case relating to a matter falling under Section B of Part I of the Schedule or under Section B of Part I thereof, the Conciliation Court shall have the power to order payment of money up to the amount specified therein respect of such matter or delivery of property to the person entitled thereto. 8. Finality of the decisions of Conciliation Courts.- (1) Where in a case referred to conciliation under this Ordinance, the decision of the Conciliation Court is unanimous, or, if the case falls under Part I of the Schedule, the decision is by a majority of four to one, the decision shall be binding on the parties and shall be enforceable in accordance with the provision of this Ordinance: Provided that such decision may be set aside by the Appellate Authority if it is of the opinion that the Conciliation Court does not have the jurisdiction to try the case. (2) If the decision of a Conciliation Court is by a majority of three to two, and the case falls under Part I of the Schedule, any 672 Volume VII (1981 to 1984) party may, within thirty days of the decision, apply, in the prescribed manner:- (a) to the Appellate Authority, if the case relates to matter falling under Section A of that part, or (b) to the District Judge if the case relates to a matter falling under Section B thereof, and Appellate Authority or the District Judge, as the case may be if satisfied that there has been a failure of justice, may set aside or modify the decision, or direct that the dispute be referred back to the Conciliation Court for reconsideration. (3) If the decision of a Conciliation Court is not unanimous, and the case falls under Part II of the Schedule, the Court shall issue a certificate that conciliation has failed. (4) Notwithstanding anything in any law, on any matter decided by a Conciliation Court in accordance with the provisions of this ordinance shall not be tried in any court, including a conciliation Court. 9. Enforcement of decree.- (1) Where a Conciliation Court decides to award compensation to a person or to order the delivery of property it shall pass a decree in such form and in such manner as may be prescribed, and shall enter the particulars thereof in the prescribed register. (2) if any money is paid or any property is delivered in the presence of the Conciliation Court in satisfaction of the decree it shall enter the fact of payment or delivery, as the case may in the aforesaid register. (3) where a decree relates to payment of compensation and the decretal amount is not paid within the prescribed time, the same shall, if the Chairman of the Conciliation Court so directs, be recovered as arrears of land revenue, and on a recovery, shall be paid to the decree-holder. (4) where the satisfaction of a decree can be had otherwise than payment of compensation, the decree may be presented for execution or to such Civil Court as the District Judge may, be special or general order, direct, and such court shall thereupon proceed execute the decree as if it were a decree passed by itself. (5) A conciliation Court may, if thinks fit, direct that the amount of compensation be paid in such installments as it may fix. 10. Procedure on failure of Conciliation.- Where a certificate is issued that conciliation has failed, either under clause (b) of sub- section (4) of Section 5 or under sub-section (3) of Section 8,
673 Volume VII (1981 to 1984) any party to the dispute may seek its remedy in the Court in which it would in law be entitled to seek such remedy. If this Ordinance had not been promulgated. 11. Power of Conciliation Courts to summon witnesses etc.- (1) A conciliation Court may issue summons to any person to appear and give evidence, or to produce or cause the production of any document; Provided that- (a) no person who is exempted from personal appearance in Court under sub-section (1) of Section 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be required to appear in person; (b) a conciliation Court may refuse to summon a witness or to enforce a summon already issued against a witness when in the opinion of the Court the attendance of the witness cannot be procured without such delay, expense or inconvenience as in the circumstances would be unreasonable; (c) a conciliation Court shall not require any person living beyond its jurisdiction to give evidence or to produce or cause the production of a document unless such sum of money is deposited for payment to him as the Court would think sufficient for defraying his travelling and other expenses. (2) if any person to whom a Conciliation Court has issued summon to appear and give evidence or to produce or cause the production of any document before it willfully disobeys such summons, the Conciliation Court may take cognizance of such disobedience, and to a fine not exceeding twenty- five rupees. 12. Contempt of Conciliation Courts.- A person shall be guilty of contempt of a Conciliation Court if he, without lawful excuse,- (a) offers any insult to the Conciliation Court or any member thereof while the Court is functioning as such; or (b) causes any interruption in the work of the Conciliation Court; or (c) fails to produce or deliver a document when ordered by Conciliation Court to do so; or (d) refuses to answer any question of the Conciliation Court which he is bound to answer; or
674 Volume VII (1981 to 1984) (e) refuses to take oath to state the truth or to sign any statement made by him when required by the Conciliation Court to do so; and the Conciliation Court, may, without any complaint having been made to it forthwith try such person for such contempt and sentence him to a fine not exceeding fifty rupees. 13. Recovery of fine.- (1) Where a Conciliation Court imposes a fine under Section 11 or Section 12 and such fine is not immediately paid, it shall record an order stating the amount of fine imposed and the fact that it has not been paid and shall forward the same to the nearest Magistrate who shall proceed to recover it in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), as if it were fine imposed by himself, and such Magistrate may also sentence the accused to imprisonment in default of payment of such fine. (2) All fines paid to Conciliation Court under Section 11 and 12 or collected on behalf of Conciliation Court this Section shall form part of the funds of the Union Council concerned. 14. Limitation etc. in certain cases.- Where a case relating to a matter falling under Section B of Part II of the Schedule is referred to Conciliation and conciliation fails, and the case is subsequently taken to a Civil Court, in computing he period of limitation prescribed therefore by or under any law for the time being force, the time spent on conciliation proceedings, commencing from the date of the application made under Section 4 and ending on the day the certificate of failure of conciliation is issued, shall, notwithstanding anything in the Limitation Act, 1908 (Act IX of 1908) be excluded. 15. Procedure.- (1) Save as otherwise expressly provided by or under this Ordinance the provisions of the Evidence Act, 1872 (I of 1872) the Code of Criminal Procedure, 1898 (Act V of 1898), and of the Code of Civil Procedure, 1908 (Act V of 1908) as in force in Azad Jammu and Kashmir shall not apply to proceedings before any Conciliation Court (2) Section 8 to 11 of the Oath Act, 1873 (X of 1873), shall apply to all proceedings before Conciliation Courts. 16. No appearance through Council.- (1) Notwithstanding any thing contained in the Legal Practitioners Act, 1879 (XVIII of 1879) no legal practitioner shall be permitted to appear on behalf of any party to a dispute before any Conciliation Court or other authority exercising powers under this Ordinance. (2) If a person required under this Ordinance to appear before a Conciliation Court is a puradanashin lady, the 675 Volume VII (1981 to 1984) Conciliation Court may permit her to be represented by a duly authorised agent who shall in no case be a paid agent. 17. Transfer of certain cases.- (1) Where the Appellate Authority is of the opinion that the circumstances of a case relating to a matter falling under Section A of Part I of the Schedule or under Section of Part II thereof and pending before a Conciliation Court are such that the public interest and the ends of justice demand its trial is a Criminal Court, the said Authority may, notwithstanding anything contained in this Act, withdraw the same from the Conciliation Court and direct that it be referred to the Criminal Court for trial and disposal. (2) A Conciliation Court may, if it is of the Opinion that in a case relating to a matter as aforesaid and pending before it the ends of justice demand a punishment for trial and disposal. (3) The District Judge may, for reasons to be recorded, withdraw any civil case from a Conciliation Court and direct that it be referred to a Civil Court for disposal. 18. Investigation by Police.- Nothing in this Ordinance shall prevent the police from investigation of a cognizable case by reason of fact that the case relates to an offence specified in Section A of Part I of the Schedule, but if any such case is taken to Criminal Court, Court may, if it thinks fit, direct that it be reference to conciliation under this Ordinance. 19. Pending cases.- This Ordinance shall not apply to cases referable under this Ordinance to conciliation which, immediately before the coming into force of this Ordinance are pending in any Civil of Criminal Court, and such cases shall be disposed of by those Code as if this Ordinance had not been promulgated: Provided that if all the parties to any such case agree to have the same decided by Conciliation Court, the proceedings thereof shall terminate, and the case shall be referred to conciliation in accordance with the provisions of this Ordinance. 20. Power to exempt.- Government may, by notification in the official Gazette, exempt any area or areas, or any case or class of cases, or any community form the operation of all or any of the provisions of this Ordinance. 21. Power to make rules.- Government may, by notification in the official Gazette, make rules to carry into effect the provisions of this Ordnance.
676 Volume VII (1981 to 1984) 22. Repeal.- The Azad Jammu and Kashmir Conciliation Courts Act, 1962 (Act II of 1962) is hereby repealed. 23. Savings.- Notwithstanding any judgment, decree or order of any Court including High Court, everything done, all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the provisions of the Azad Jammu and Kashmir Conciliation Courts Ordinance, 1980 (Ordinance XXII of 1980) or its succeeding Ordinance issued from time to time shall be deemed to have been validly done, taken issued, made, initiated or exercised under this Ordinance. (Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir
677 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 26th February, 1985 No. 1844/LD/84. The following Ordinance made by the President on the 10th day of October, 1984, is hereby published for general information:- (ORDINANCE CCXXVII of 1984) AN ORDINANCE further to amend the Code of Criminal Procedure, 1898. WHEREAS it is necessary further to amend the Code of Criminal Procedure, 1898 (Act V of 1898), for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the Code of Criminal Procedure (Amendment) Ordinance, 1984. (2) It shall come into force at once. 2. Amendment of Schedule II, Act V of 1898.- In the Code of Criminal Procedure, 1898 (Act V of 1898) as in force in Azad Jammu and Kashmir, in Schedule II.- (a) after entries relating to section 123A, the following new entries shall be inserted, namely:-
1 2 3 4 5 6 7 8 “123B. Defiling or My arrest Ditto Ditto Ditto Imprisonm Magistrate unauthorize- without ent of of the first dly warrant. either class removing description the national class, for 3 flag of years, or Pakistan or fine or the Azad with both. Jammu and Kashmir from Government Building etc.
678 Volume VII (1981 to 1984) (b) for the entry relating in column 3, relating to Section 124, the following shall be substituted namely:- “shall not arrest without warrant”.
(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir. (Khalil Ahmed Qureshi) Secretary Law.
679 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated 4th November, 1984. No. 1996/LD/84. The following Ordinance made by the President on the 1st day of November, 1984, is herby published for general information:- (ORDINANCE CCLII of 1984) AN ORDINANCE to make provision for the payment of pension to a person who has held the office of President. WHEREAS it is expedient to make provision for the payment of pension to a person who has held the office of President. NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title and Commencement.- (1) This Ordinance may be called the President’s Pension Ordinance, 1984. (2) It shall come into force at once. 2. Amount and condition of pension.- There shall be payable to every person who, having held, after the twenty forth day of August, 1974, the office of President for not less than two years and not having been removed therefrom, has ceased to hold such office, a pension of one thousand and five hundred rupees a moth for life: “Provided that the right to receive pension under this Ordinance shall be suspended for the period that a person entitled to receive pension holds any office in respect of which he draws salary or other remuneration from the public exchequer.” 3. Provision of other facilities.- In addition to the pension of aforesaid, a person referred to in Section …shall be entitled to the facilities specified in the schedule to this Ordinance. 4. Expenditure on pension and other facilities to be charge on Azad Jammu and Kashmir consolidated fund. The expenditure on the pension and other facilities aforesaid shall be charged upon the Azad Jammu and Kashmir Consolidated Fund.
680 Volume VII (1981 to 1984) “THE SCHEDULE” (Sees Section 3) 1. Exemption from taking out licenses for possessing 3 prohibited bore and 6 non-prohibited bore weapons. 2. Free access to Government Guest House, Rest House and Circuit House in the Country. 3. Free installation of telephone at residence and payment of charges for its use upto Rupees one hundred per month. Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir.
681 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 12th November, 1984 No. 2014/LD/84. The following Ordinance made by the President on the 2nd day of November, 1984, is hereby published for general information:- (ORDINANCE CCLVI OF 1984) AN ORDINANCE further to amend the Punjab Land Revenue Act, 1887 WHEREAS it is expedient to amend the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, for the purposes hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the Land Revenue (Amendment) Ordinance, 1984. (2) It shall come into force at once and shall be deemed to have taken effect on and from the 12th day of October, 1982. 2. Amendment of Section 75, Act XVII of 1887.- In the Punjab Land Revenue Act, 1887 (Act XVII of 1887), as in force in Azad Jammu and Kashmir, hereinafter referred to as the said Act, in Section 75, for the words ‘Financial Commissioner the word ‘Government’ shall be substituted and shall be deemed always to have been so substituted. 3. Amendment of Section 77, Act XVII of 1887.- In the said Act, in Section 77.- (a) in sub-section (1) after the word “due” at the end, the colon shall be omitted and thereafter the words “and if the defaulter owns any property which is owned by him jointly with others and in the opinion of the Collector, the defaulter’s share cannot be sold or, if sold, cannot fetch a reasonable price, the whole of such property may be sold” shall be added; and 682 Volume VII (1981 to 1984) (b) in the proviso the words and comma “no interest save those of the defaulter alone shall be so proceeded against, and “ shall be omitted. 4. Amendment of Section 79, Act XVII of 1887.- In the said Act, in Section 79, in sub-section (1) for the words ‘Financial Commissioner’ the word “Government” shall be substituted and shall be deemed always to have been so substituted. 5. Protection.- Any sanction accorded before the commencement of this Ordinance shall be deemed to have been accorded under the provisions of this Ordinance.
Sd/- (Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir ------Sd/- (Ch. Muhammad Latif) Joint Secretary Law
683 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD Dated the 12th December, 1984 No. 2131/LD/84. The following Ordinance made by the President on the 12th day of December, 1984, is hereby published for general information:- (ORDINANCE CCLXXIV OF 1984) AN ORDINANCE to adapt and enforce the west Pakistan Highways Ordinance, 1959 WHEREAS it is expedient to adapt and enforce the West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan in Azad Jammu and Kashmir in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement.- (1) This Ordinance may be called the West Pakistan Highways Ordinance (Adaptation) Ordinance, 1984. (2) It extends to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Adaptation of the Ordinance.- The West Pakistan Highways Ordinance, 1959 (Ordinance XXXII of 1959) of Pakistan, hereinafter referred to as the said Ordinance, is hereby adapted in Azad Jammu and Kashmir and shall, as far as practicable, be enforced in Azad Jammu and Kashmir alongwith all amendments made in the said Ordinance and all rules made thereunder in Pakistan subject to the modifications that the expressions “Government”, “Provincial Government” or any other expression, however, worded referring to any executive Government, shall, as far as practicable, be construed to refer to the Azad Government of the State of Jammu and Kashmir and reference to West Pakistan or any part of Pakistan, shall be construed to refer to the Azad Jammu and Kashmir.
684 Volume VII (1981 to 1984) 3. Amendment of Section 6, Ordinance XXXII of 1959.- In the said Ordinance, for Section 6, the following shall be substituted, namely:- “6. Encroachments.- (1) Any person who sets up any fence, hedges, or raises a construction within the High ways limits specified by the Government for the respective Gazette or within the earmarked areas for Highways, without written permission of the Highways Authorities shall be punished with fine which may extend to ten thousand rupees, and the Executive Engineer, Highways concerned may without giving any notice, remove the offending structure, fence, hedges, post, deposit, goods, articles, stall or scaffolding and recover the cost from the defaulters. (2) The Executive Engineer, Highways concerned or any person empowered by him in this behalf, while removing the offending structure, stalls or scaffoldings may use such force including police force as may be necessary and may also recover the actual cost incurred thereof from the person responsible for the offending structure as arrears of land revenue.” 4. Amendment of Section 8, Ordinance XXXII of 1959.- In the said Ordinance, in sub-section (1) of Section 8, for clause (b) the following shall be substituted, namely:- “b) to erect any building upon land within the specified limits from the middle of the Highways.” 5. Removal of difficulties.- If any difficulty or question arises in giving effect to the provisions of the said Ordinance or this Ordinance, the Government may, from time to time, give such directions as may appear to it to be necessary for the purpose of removal of such difficulty. (Major General (Retd) Abdul Rehman Khan) President Azad Jammu and Kashmir
685 Volume VII (1981 to 1984) THE AZAD GOVT. OF THE STATE OF JAMMU & KASHMIR, LAW & PARLIAMENTARY AFFAIRS SECRETARIAT, MUZAFARABAD. Dated 27th Dec, 1984 No. 2212/LD/84. The following Ordinance made by the President on the 1st day of November, 1984, is herby published for general information:- (Ordinance CCLXXXVIII of 1984) AN ORDINANCE further to amend the Azad Jammu and Kashmir Education Case Act, 1975. WHEREAS It is expedient further to amen to Azad Jammu and Kashmir Education Cess Act, 1975 in the manner hereinafter appeaing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kahmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Education Cess (Amendment) Ordinance, 1984. (2) It shall come into force at once and shall be deemed to have taken effect on and form the 1st day of January, 1985. 2. Amendment of Section 2, Act IV of 1975.- In the Azad Jammu and Kashmir Education Cess Act, 1975 (Act IV of 1975), sub- section (11) of Section 2, shall be deleted.
Sd/-(Major General (Retd). Abdul Rehman Khan) President, Azad Jammu And Kashmir.
686